[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR602.44]



[Page 213-214]

 

                           TITLE 34--EDUCATION

 

 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 602_THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES--Table of 

Contents

 

    Subpart D_Limitation, Suspension, or Termination of Recognition 

           Limitation, Suspension, and Termination Procedures

 

Sec. 602.44  How may an agency appeal the subcommittee's recommendation?



    (a) Either the agency or the senior Department official may appeal 

the subcommittee's recommendation. If a party wishes to appeal, that 

party must--

    (1) Notify the Secretary and the other party in writing of its 

intent to appeal the recommendation no later than 10 days after receipt 

of the recommendation;

    (2) Submit its appeal to the Secretary in writing no later than 30 

days after receipt of the recommendation; and

    (3) Provide the other party with a copy of the appeal at the same 

time it submits the appeal to the Secretary.

    (b) The non-appealing party may file a written response to the 

appeal. If that party wishes to do so, it must--

    (1) Submit its response to the Secretary no later than 30 days after 

receiving its copy of the appeal; and

    (2) Provide the appealing party with a copy of its response at the 

same time it submits its response to the Secretary.

    (c) Neither the agency nor the senior Department official may 

include any new evidence in its submission, i.e.,



[[Page 214]]



evidence it did not previously submit to the subcommittee.

    (d) If the subcommittee's recommendation is appealed, the Secretary 

renders a final decision after taking into account that recommendation 

and the parties' written submissions on appeal, as well as the entire 

record before the subcommittee and the subcommittee's opinion.



(Authority: 20 U.S.C. 1099b)