[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: 34CFR86.303]



[Page 294-295]

 

                           TITLE 34--EDUCATION

 

PART 86_DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents

 

Subpart D_Responses and Sanctions Issued or Imposed by the Secretary for 

                          Violations by an IHE

 

Sec.  86.303  What are the procedures used by the Secretary for issuing 

a response other than the formulation of a compliance agreement or the 

provision of information or technical assistance?



    (a) If the Secretary intends to issue a response other than the 

formulation of a compliance agreement or the provision of information or 

technical assistance, the Secretary notifies the IHE in writing of--

    (1) The Secretary's determination that there are grounds to issue a 

response other than the formulation of a compliance agreement or 

providing information or technical assistance; and

    (2) The response the Secretary intends to issue.

    (b) An IHE may submit written comments to the Secretary on the 

determination under paragraph (a)(1) of this section and the intended 

response under paragraph (a)(2) of this section within 30 days after the 

date the IHE receives the notification of the Secretary's intent to 

issue a response.



[[Page 295]]



    (c) Based on the initial notification and the written comments of 

the IHE the Secretary makes a final determination and, if appropriate, 

issues a final response.

    (d) The IHE shall inform the Secretary of the corrective action it 

has taken in order to comply with the terms of the Secretary's response 

within a period specified by the Secretary.

    (e) If an IHE does not comply with the terms of a response issued by 

the Secretary, the Secretary may issue an additional response or impose 

a sanction on the IHE in accordance with the procedures in Sec.  86.304.



(Authority: 20 U.S.C. 1145g)



[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]