[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: 34CFR33.38]



[Page 84-85]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.38  Reconsideration of initial decision.



    (a) Except as provided in paragraph (d) of this section, any party 

may file a motion for reconsideration of the initial decision within 20 

days of receipt of the initial decision. If service was made by mail, 

receipt is presumed to be five days from the date of mailing in the 

absence of contrary proof.

    (b) Every motion under paragraph (a) of this section must set forth 

the matters claimed to have been erroneously decided and the nature of 

the alleged errors. The motion must be accompanied by a supporting 

brief.

    (c) Responses to the motion are allowed only upon request to the 

ALJ.

    (d) No party may file a motion for reconsideration of an initial 

decision that has been revised in response to a previous motion for 

reconsideration.



[[Page 85]]



    (e) The ALJ may dispose of a motion for reconsideration by denying 

it or by issuing a revised initial decision.

    (f) If the ALJ denies a motion for reconsideration, the initial 

decision shall constitute the final decision of the Department head and 

shall be final and binding on the parties 30 days after the ALJ denies 

the motion, unless the initial decision is timely appealed to the 

Department head in accordance with Sec.  33.39.

    (g) If the ALJ issues a revised initial decision, that decision 

shall constitute the final decision of the Department head and shall be 

final and binding on the parties 30 days after it is issued, unless it 

is timely appealed to the Department head in accordance with Sec.  

33.39.



(Authority: 31 U.S.C. 3809)