[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 42CFR60.60]



[Page 347]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 60_HEALTH EDUCATION ASSISTANCE LOAN PROGRAM--Table of Contents

 

                          Subpart E_The School

 

Sec. 60.60  Limitation, suspension, or termination of the eligibility 

of a HEAL school.



    (a) The Secretary may limit, suspend, or terminate the eligibility 

under the HEAL program of an otherwise eligible school that violates or 

fails to comply with any provision of title VII, part A, subpart I of 

the Act as amended (42 U.S.C. 292-292p), these regulations, or 

agreements with the Secretary concerning the HEAL program. Prior to 

terminating a school's participation in the program, the Secretary will 

provide the school an opportunity for a hearing in accordance with the 

procedures under paragraph (b) of this section.

    (b) The Secretary will provide any school subject to termination 

with a written notice, sent by certified mail, specifying his or her 

intention to terminate the school's participation in the program and 

stating that the school may request, within 30 days of the receipt of 

this notice, a formal hearing. If the school requests a hearing, it 

must, within 90 days of the receipt of the notice, submit material, 

factual issues in dispute to demonstrate that there is cause for a 

hearing. These issues must be both substantive and relevant. The hearing 

will be held in the Washington, DC metropolitan area. The Secretary will 

deny a hearing if:

    (1) The request for a hearing is untimely (i.e., fails to meet the 

30-day requirement);

    (2) The school does not provide a statement of material, factual 

issues in dispute within the 90-day required period; or

    (3) The statement of factual issues in dispute is frivolous or 

inconsequential.



In the event that the Secretary denies a hearing, the Secretary will 

send a written denial, by certified mail, to the school setting forth 

the reasons for denial. If a hearing is denied, or if as a result of the 

hearing, termination is still determined to be necessary, the school 

will be terminated from participation in the program. A school will be 

permitted to reapply for participation in the program when it 

demonstrates, and the Secretary agrees, that it is in compliance with 

all HEAL requirements.

    (c) This section does not apply to a determination that a HEAL 

school fails to meet the statutory definition of an ``eligible school.''

    (d) This section does not apply to administrative action by the 

Department of Health and Human Services based on any alleged violation 

of The Family Educational Rights and Privacy Act of 1974 (section 438 of 

the General Education Provisions Act, as amended), as governed by 34 CFR 

part 99.



(Approved by the Office of Management and Budget under control number 

0915-0144)



[48 FR 38988, Aug. 26, 1983, as amended at 52 752, Jan. 8, 1987; 58 FR 

67350, Dec. 21, 1993]