[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: 34CFR81.2]



[Page 229-230]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  81.2  Definitions.



    The following definitions apply to the terms used in this part:

    Administrative Law Judge (ALJ) means a judge appointed by the 

Secretary in accordance with section 451 (b) and (c) of GEPA.

    Applicable program means any program for which the Secretary of 

Education has administrative responsibility, except a program authorized 

by--

    (a) The Higher Education Act of 1965, as amended;

    (b) The Act of September 30, 1950 (Pub. L. 874, 81st Congress), as 

amended; or

    (c) The Act of September 23, 1950 (Pub. L. 815, 81st Congress), as 

amended.

    Department means the United States Department of Education.

    Disallowance decision means the decision of an authorized 

Departmental official that a recipient must return funds because it made 

an expenditure of funds that was not allowable or otherwise failed to 

discharge its obligation to account properly for funds. Such a



[[Page 230]]



decision, referred to as a ``preliminary departmental decision'' in 

section 452 of GEPA, is subject to review by the Office of 

Administrative Law Judges.

    Party means either of the following:

    (a) A recipient that appeals a decision.

    (b) An authorized Departmental official who issues a decision that 

is appealed.

    Recipient means the recipient of a grant or cooperative agreement 

under an applicable program.

    Secretary means the Secretary of the Department of Education or an 

official or employee of the Department acting for the Secretary under a 

delegation of authority.



(Authority: 20 U.S.C. 1221e-3, 1234 (b), (c), and (f)(1), 1234a(a)(1), 

1234i, and 3474(a))



[54 FR 19512, May 5, 1989, as amended at 58 FR 43473, Aug. 16, 1993]