[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: 34CFR81.41]



[Page 239]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                Subpart B_Hearings for Recovery of Funds

 

Sec.  81.41  Initial decision.



    (a) The ALJ makes an initial decision based on the record.

    (b) The initial decision includes the ALJ's findings of fact, 

conclusions of law, and reasoning on all material issues.

    (c) The initial decision is transmitted to the Secretary by hand-

delivery or Department mail, and to the parties by certified mail, 

return receipt requested, by the Office of Administrative Law Judges.

    (d) For the purpose of this part, ``initial decision'' includes an 

ALJ's modified decision after the Secretary's remand of a case.



(Authority: 5 U.S.C. 557(c); 20 U.S.C 1221e-3, 1234(f)(1), and 3474(a))



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

43474, Aug. 16, 1993]