[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: 34CFR21.41]



[Page 44-45]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

     Subpart E_What Procedures Are Used in Considering Applications?

 

Sec.  21.41  Answer to application.



    (a)(1) Within 30 days after receiving an application for an award 

under this part, the Department's counsel may file an answer to the 

application.

    (2) The Department's counsel may request an extension of time for 

filing the Department's answer.



[[Page 45]]



    (3) The adjudicative officer shall grant the request for an 

extension if the Department's counsel shows good cause for the request.

    (b)(1) The Department's answer must--

    (i) Explain any objections to the award requested; and

    (ii) Identify the facts relied on in support of the position of the 

Department.

    (2) If the answer is based on any alleged facts not in the record of 

the adversary adjudication, the Department's counsel shall include with 

the answer either--

    (i) Supporting affidavits; or

    (ii) A request for further proceedings under Sec.  21.44.

    (c)(1) If the Department's counsel and the applicant believe that 

the issues in the application can be settled, they may jointly file a 

statement of their intent to negotiate a settlement.

    (2)(i) The filing of a statement of an intent to negotiate extends 

the time for filing an answer for 30 days.

    (ii) The adjudicative officer shall grant further extensions if the 

Department's counsel and the applicant jointly request those extensions.



(Authority: 5 U.S.C. 504(c)(1))