[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR100.10]



[Page 345-347]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 100_NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE 

THROUGH THE DEPARTMENT OF EDUCATION EFFECTUATION OF TITLE VI OF THE CIVIL 

RIGHTS ACT OF 1964--Table of Contents

 

Sec.  100.10  Decisions and notices.



    (a) Decisions by hearing examiners. After a hearing is held by a 

hearing examiner such hearing examiner shall either make an initial 

decision, if so authorized, or certify the entire record including his 

recommended findings and proposed decision to the reviewing authority 

for a final decision, and a copy of such initial decision or 

certification shall be mailed to the applicant or recipient and to the 

complainant, if any. Where the initial decision referred to in this 

paragraph or in paragraph (c) of this section is made by the hearing 

examiner, the applicant or recipient or the counsel for the Department 

may, within the period provided for in the rules of procedure issued by 

the responsible Department official, file with the reviewing authority 

exceptions to the initial decision, with his reasons therefor. Upon the 

filing of such exceptions the reviewing authority shall review the 

initial decision and issue its own decision thereof including the 

reasons therefor. In the absence of exceptions



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the initial decision shall constitute the final decision, subject to the 

provisions of paragraph (e) of this section.

    (b) Decisions on record or review by the reviewing authority. 

Whenever a record is certified to the reviewing authority for decision 

or it reviews the decision of a hearing examiner pursuant to paragraph 

(a) or (c) of this section, the applicant or recipient shall be given 

reasonable opportunity to file with it briefs or other written 

statements of its contentions, and a copy of the final decision of the 

reviewing authority shall be given in writing to the applicant or 

recipient and to the complainant, if any.

    (c) Decisions on record where a hearing is waived. Whenever a 

hearing is waived pursuant to Sec.  100.9(a) the reviewing authority 

shall make its final decision on the record or refer the matter to a 

hearing examiner for an initial decision to be made on the record. A 

copy of such decision shall be given in writing to the applicant or 

recipient, and to the complainant, if any.

    (d) Rulings required. Each decision of a hearing examiner or 

reviewing authority shall set forth a ruling on each finding, 

conclusion, or exception presented, and shall identify the requirement 

or requirements imposed by or pursuant to this part with which it is 

found that the applicant or recipient has failed to comply.

    (e) Review in certain cases by the Secretary. If the Secretary has 

not personally made the final decision referred to in paragraphs (a), 

(b), or (c) of this section, a recipient or applicant or the counsel for 

the Department may request the Secretary to review a decision of the 

Reviewing Authority in accordance with rules of procedure issued by the 

responsible Department official. Such review is not a matter of right 

and shall be granted only where the Secretary determines there are 

special and important reasons therefor. The Secretary may grant or deny 

such request, in whole or in part. He may also review such a decision 

upon his own motion in accordance with rules of procedure issued by the 

responsible Department official. In the absence of a review under this 

paragraph, a final decision referred to in paragraphs (a), (b), (c) of 

this section shall become the final decision of the Department when the 

Secretary transmits it as such to Congressional committees with the 

report required under section 602 of the Act. Failure of an applicant or 

recipient to file an exception with the Reviewing Authority or to 

request review under this paragraph shall not be deemed a failure to 

exhaust administrative remedies for the purpose of obtaining judicial 

review.

    (f) Content of orders. The final decision may provide for suspension 

or termination of, or refusal to grant or continue Federal financial 

assistance, in whole or in part, to which this regulation applies, and 

may contain such terms, conditions, and other provisions as are 

consistent with and will effectuate the purposes of the Act and this 

regulation, including provisions designed to assure that no Federal 

financial assistance to which this regulation applies will thereafter be 

extended under such law or laws to the applicant or recipient determined 

by such decision to be in default in its performance of an assurance 

given by it pursuant to this regulation, or to have otherwise failed to 

comply with this regulation unless and until it corrects its 

noncompliance and satisfies the responsible Department official that it 

will fully comply with this regulation.

    (g) Post-termination proceedings. (1) An applicant or recipient 

adversely affected by an order issued under paragraph (f) of this 

section shall be restored to full eligibility to receive Federal 

financial assistance if it satisfies the terms and conditions of that 

order for such eligibility or if it brings itself into compliance with 

this part and provides reasonable assurance that it will fully comply 

with this part. An elementary or secondary school or school system which 

is unable to file an assurance of compliance with Sec.  100.3 shall be 

restored to full eligibility to receive Federal financial assistance, if 

it files a court order or a plan for desegregation which meets the 

requirements of Sec.  100.4(c), and provides reasonable assurance that 

it will comply with the court order or plan.

    (2) Any applicant or recipient adversely affected by an order 

entered



[[Page 347]]



pursuant to paragraph (f) of this section may at any time request the 

responsible Department official to restore fully its eligibility to 

receive Federal financial assistance. Any such request shall be 

supported by information showing that the applicant or recipient has met 

the requirements of paragraph (g)(1) of this section. If the responsible 

Department official determines that those requirements have been 

satisfied, he shall restore such eligibility.

    (3) If the responsible Department official denies any such request, 

the applicant or recipient may submit a request for a hearing in 

writing, specifying why it believes such official to have been in error. 

It shall thereupon be given an expeditious hearing, with a decision on 

the record, in accordance with rules of procedure issued by the 

responsible Department official. The applicant or recipient will be 

restored to such eligibility if it proves at such hearing that it 

satisfied the requirements of paragraph (g)(1) of this section. While 

proceedings under this paragraph are pending, the sanctions imposed by 

the order issued under paragraph (f) of this section shall remain in 

effect.



(Authority: Sec. 602, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 

2000d-1)