[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 34CFR98.10]



[Page 316]

 

                           TITLE 34--EDUCATION

 

PART 98_STUDENT RIGHTS IN RESEARCH, EXPERIMENTAL PROGRAMS, AND TESTING

--Table of Contents

 

Sec. 98.10  Enforcement of the findings.



    (a) If the recipient or contractor does not comply during the period 

of time set under Sec. 98.9(c), the Secretary may either:

    (1) For a recipient, take an action authorized under 34 CFR part 78, 

including:

    (i) Issuing a notice of intent to terminate funds under 34 CFR 

78.21;

    (ii) Issuing a notice to withhold funds under 34 CFR 78.21, 

200.94(b), or 298.45(b), depending upon the applicable program under 

which the notice is issued; or

    (iii) Issuing a notice to cease and desist under 34 CFR 78.31, 

200.94(c) or 298.45(c), depending upon the program under which the 

notice is issued; or

    (2) For a contractor, direct the contracting officer to take an 

appropriate action authorized under the Federal Acquisition Regulations, 

including either:

    (i) Issuing a notice to suspend operations under 48 CFR 12.5; or

    (ii) Issuing a notice to terminate for default, either in whole or 

in part under 48 CFR 49.102.

    (b) If, after an investigation under Sec. 98.9, the Secretary finds 

that a recipient or contractor has complied voluntarily with section 439 

of the Act, the Secretary provides the complainant and the recipient or 

contractor written notice of the decision and the basis for the 

decision.



(Authority: 20 U.S.C. 1221e-3(a)(1), 1232h)