[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: 34CFR81.38]



[Page 238]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                Subpart B_Hearings for Recovery of Funds

 

Sec.  81.38  Consideration of an application for review.



    (a) The ALJ assigned to the case under Sec.  81.4 considers an 

application for review of a disallowance decision.

    (b) The ALJ decides whether the notice of a disallowance decision 

meets the requirements of Sec.  81.34, as provided by section 451(e) of 

GEPA.

    (1) If the notice does not meet those requirements, the ALJ--

    (i) Returns the notice, as expeditiously as possible, to the 

authorized Departmental official who made the disallowance decision;

    (ii) Gives the official the reasons why the notice does not meet the 

requirements of Sec.  81.34; and

    (iii) Informs the recipient of the ALJ's decision by certified mail, 

return receipt requested.

    (2) An authorized Departmental official may modify and reissue a 

notice that an ALJ returns.

    (c) If the notice of a disallowance decision meets the requirements 

of Sec.  81.34, the ALJ decides whether the application for review meets 

the requirements of Sec.  81.37.

    (1) If the application, including any supplements or amendments 

under Sec.  81.37(d), does not meet those requirements, the disallowance 

decision becomes the final decision of the Department.

    (2) If the application meets those requirements, the ALJ--

    (i) Informs the recipient and the authorized Departmental official 

that the OALJ has accepted jurisdiction of the case; and

    (ii) Schedules a hearing on the record.

    (3) The ALJ informs the recipient of the disposition of its 

application for review by certified mail, return receipt requested. If 

the ALJ decides that the application does not meet the requirements of 

Sec.  81.37, the ALJ informs the recipient of the reasons for the 

decision.



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

3474(a))



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

16, 1993]