[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: 34CFR81.37]



[Page 237-238]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                Subpart B_Hearings for Recovery of Funds

 

Sec.  81.37  Application for review of a disallowance decision.



    (a) If a recipient wishes to obtain review of a disallowance 

decision, the recipient shall file a written application for review with 

the Office of Administrative Law Judges, c/o Docket Clerk, Office of 

Hearings and Appeals, and, as required by Sec.  81.12(b), shall serve a 

copy on the applicable Departmental official who made the disallowance 

decision.

    (b) A recipient shall file an application for review not later than 

60 days after the date it receives the notice of a disallowance 

decision.

    (c) Within 10 days after receipt of a copy of the application for 

review, the authorized Departmental official who made the disallowance 

decision shall provide the ALJ with a copy of any document identified in 

the notice pursuant to Sec.  81.34(b)(2).

    (d) An application for review must contain--

    (1) A copy of the disallowance decision of which review is sought;

    (2) A statement certifying the date the recipient received the 

notice of that decision;

    (3) A short and plain statement of the disputed issues of law and 

fact, the recipient's position with respect to these issues, and the 

disallowed funds the recipient contends need not be returned; and



[[Page 238]]



    (4) A statement of the facts and the reasons that support the 

recipient's position.

    (e) The ALJ who considers a timely application for review that 

substantially complies with the requirements of paragraph (c) of this 

section may permit the recipient to supplement or amend the application 

with respect to issues that were timely raised. Any requirement to 

return funds that is not timely appealed becomes the final decision of 

the Department.



(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(b)(1), and 3474(a))



[54 FR 19512, May 5, 1989. Redesignated and amended at 58 FR 43473, 

43474, Aug. 16, 1993; 58 FR 51013, Sept. 30, 1993; 60 FR 46494, Sept. 6, 

1995]