[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: 34CFR21.54]



[Page 47-48]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

                  Subpart F_How Are Awards Determined?

 

Sec.  21.54  Review by the Secretary.



    (a) The Secretary may decide to review--

    (1) An initial decision made by an adjudicative officer in a 

proceeding not subject to CRRA review;



[[Page 48]]



    (2) An initial decision made by an adjudicative officer in a 

proceeding subject to CRRA review that was not appealed to the CRRA; or

    (3) A final decision made by the CRRA under Sec.  21.53.

    (b)(1) The Secretary does not review a final decision made by an 

adjudicative officer of the General Services Administration Board of 

Contract Appeals.

    (2) The Secretary or a party to the proceedings may seek 

reconsideration of the final decision by an adjudicative officer of the 

General Services Administration Board of Contract Appeals on the fee 

application in accordance with 48 CFR 6101.32.

    (c) The Secretary decides to review a decision under Sec.  21.54(a) 

either--

    (1) Upon receipt of a written request for review by an applicant or 

Department's counsel; or

    (2) Upon the Secretary's own motion.

    (d) If the applicant or the Department's counsel seeks a review, the 

request must be submitted to the Secretary, in writing, within 30 days 

of--

    (1) An initial decision in a proceeding not subject to CRRA review; 

or

    (2) A final decision of the CRRA.

    (e) The Secretary decides whether to accept or reject a request for 

review of an initial decision made by the adjudicative officer in a 

proceeding not subject to CRRA review or a final decision of the CRRA 

within 30 days after receipt of a request for review.

    (f) The Secretary may decide on his own motion to review a decision 

made under Sec.  21.54(a) within 60 days of the initial decision by the 

adjudicative officer or a final decision of the CRRA.

    (g) If the Secretary decides to review the adjudicative officer's 

initial decision or the CRRA's final decision--

    (1) The Secretary reviews the adjudicative officer's initial 

decision or the CRRA's final decision on the basis of the written record 

of the proceedings on the application. This includes, but is not 

restricted to--

    (i) The written request for review;

    (ii) The adjudicative officer's findings as described in Sec.  

21.51(b); and

    (iii) If applicable, the final decision of the CRRA, if any; and

    (2) The Secretary either--

    (i) Issues a final decision; or

    (ii) Remands the application to the adjudicative officer or the CRRA 

for further proceedings.

    (h) If the Secretary issues a final decision, the Secretary's 

decision--

    (1) Is in writing;

    (2) States the reasons for the decision; and

    (3) If the decision is adverse to the applicant, advises the 

applicant of its right to petition for judicial review under Sec.  

21.56.



(Authority: 5 U.S.C. 557 (b) and (c))