[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: 34CFR81.44]



[Page 240]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                Subpart B_Hearings for Recovery of Funds

 

Sec.  81.44  Final decision of the Department.



    (a) The ALJ's initial decision becomes the final decision of the 

Department 60 days after the recipient receives the ALJ's decision 

unless the Secretary modifies, sets aside, or remands the decision 

during the 60-day period.

    (b) If the Secretary modifies or sets aside the ALJ's initial 

decision, a copy of the Secretary's decision is sent by the Office of 

Hearings and Appeals to the parties by certified mail, return receipt 

requested. The Secretary's decision becomes the final decision of the 

Department on the date the recipient receives the Secretary's decision.



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



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

43474, Aug. 16, 1993]