[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: 34CFR79.10]



[Page 199]

 

                           TITLE 34--EDUCATION

 

PART 79_INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS 

AND ACTIVITIES--Table of Contents

 

Sec.  79.10  How does the Secretary make efforts to accommodate 

intergovernmental concerns?



    (a) If a state process provides a state process recommendation to 

the Department through its single point of contact, the Secretary 

either:

    (1) Accepts the recommendation;

    (2) Reaches a mutually agreeable solution with the state process; or

    (3) Provides the single point of contact with a written explanation 

of the decision in such form as the Secretary deems appropriate. The 

Secretary may also supplement the written explanation by providing the 

explanation to the single point of contact by telephone, other 

telecommunication, or other means.

    (b) In any explanation under paragraph (a)(3) of this section, the 

Secretary informs the single point of contact that:

    (1) The Department will not implement its decision for at least ten 

days after the single point of contact receives the explanation; or

    (2) The Secretary has reviewed the decision and determined that, 

because of unusual circumstances, the waiting period of at least ten 

days is not feasible.

    (c) For purposes of computing the waiting period under paragraph 

(b)(1) of this section, a single point of contact is presumed to have 

received written notification 5 days after the date of mailing of the 

notification.



(Authority: E.O. 12372, Sec. 2)