[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: 34CFR21.52]



[Page 47]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

                  Subpart F_How Are Awards Determined?

 

Sec.  21.52  Initial decision by an adjudicative officer in applications 

subject to CRRA jurisdiction.



    (a) If the application is subject to the jurisdiction of the CRRA, 

the adjudicative officer shall issue the initial decision within 30 days 

after completion of the proceedings.

    (b) The initial decision must include the information required under 

Sec.  21.51(b). However, instead of the information required under Sec.  

21.51(b)(3), the initial decision must inform the applicant of--

    (1) Its right to request review by the CRRA; and

    (2) Its right to request review by the Secretary of the CRRA's final 

decision.

    (c) If the applicant or the Department's counsel appeals the 

adjudicative officer's initial decision, the appeal must be submitted to 

the CRRA, in writing, within 30 days after the initial decision is 

issued.

    (d) If the applicant or the Department's counsel does not appeal the 

adjudicative officer's initial decision to the CRRA and the Secretary 

does not decide to review the initial decision under Sec.  21.54(a), the 

initial decision becomes the Department's final decision 60 days after 

it is issued by the officer.



(Authority: 5 U.S.C. 504(b)(1)(C); 20 U.S.C. 1681; 29 U.S.C. 794; 42 

U.S.C. 2000d-1 et seq. and 6101 et seq.)