[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: 34CFR86.304]



[Page 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.  86.304  What are the procedures used by the Secretary to demand 

repayment of Federal financial assistance or terminate an IHE's eligibility 

for any or all forms of Federal financial assistance?



    (a) A designated Department official begins a proceeding for 

repayment of Federal financial assistance or termination, or both, of an 

IHE's eligibility for any or all forms of Federal financial assistance 

by sending the IHE a notice by certified mail with return receipt 

requested. This notice--

    (1) Informs the IHE of the Secretary's intent to demand repayment of 

Federal financial assistance or to terminate, describes the consequences 

of that action, and identifies the alleged violations that constitute 

the basis for the action;

    (2) Specifies, as appropriate--

    (i) The amount of Federal financial assistance that must be repaid 

and the date by which the IHE must repay the funds; and

    (ii) The proposed effective date of the termination, which must be 

at least 30 days after the date of receipt of the notice of intent; and

    (3) Informs the IHE that the repayment of Federal financial 

assistance will not be required or that the termination will not be 

effective on the date specified in the notice if the designated 

Department official receives, within a 30-day period beginning on the 

date the IHE receives the notice of intent described in this paragraph--

    (i) Written material indicating why the repayment of Federal 

financial assistance or termination should not take place; or

    (ii) A request for a hearing that contains a concise statement of 

disputed issues of law and fact, the IHE's position with respect to 

these issues, and, if appropriate, a description of which Federal 

financial assistance the IHE contends need not be repaid.

    (b) If the IHE does not request a hearing but submits written 

material--

    (1) The IHE receives no additional opportunity to request or receive 

a hearing; and

    (2) The designated Department official, after considering the 

written material, notifies the IHE in writing whether--

    (i) Any or all of the Federal financial assistance must be repaid; 

or

    (ii) The proposed termination is dismissed or imposed as of a 

specified date.



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



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