[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: 34CFR86.410]



[Page 298]

 

                           TITLE 34--EDUCATION

 

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

 

                       Subpart E_Appeal Procedures

 

Sec.  86.410  What are the procedures for issuance of a decision?



    (a)(1) The ALJ issues a written decision to the IHE, the designated 

Department official, and the Secretary by certified mail, return receipt 

requested, within 30 days after--

    (i) The last brief is filed;

    (ii) The last day of the hearing if one is held; or

    (iii) The date on which the ALJ terminates the hearing in accordance 

with Sec.  86.401(c)(3).

    (2) The ALJ's decision states whether the violation or violations 

contained in the Secretary's notification occurred, and articulates the 

reasons for the ALJ's finding.

    (3) The ALJ bases findings of fact only on evidence in the hearing 

record and on matters given judicial notice.

    (b)(1) The ALJ's decision is the final decision of the agency. 

However, the Secretary reviews the decision on request of either party, 

and may review the decision on his or her own initiative.

    (2) If the Secretary decides to review the decision on his or her 

own initiative, the Secretary informs the parties of his or her 

intention to review by written notice sent within 15 days of the 

Secretary's receipt of the ALJ's decision.

    (c)(1) Either party may request review by the Secretary by 

submitting a brief or written materials to the Secretary within 20 days 

of the party's receipt of the ALJ's decision. The submission must 

explain why the decision of the ALJ should be modified, reversed, or 

remanded. The other party shall respond within 20 days of receipt of the 

brief or written materials filed by the opposing party.

    (2) Neither party may introduce new evidence on review.

    (d) The decision of the ALJ ordering the repayment of Federal 

financial assistance or terminating the eligibility of an IHE does not 

take effect pending the Secretary's review.

    (e)(1) The Secretary reviews the ALJ's decision considering only 

evidence introduced into the record.

    (2) The Secretary's decision may affirm, modify, reverse or remand 

the ALJ's decision and includes a statement of reasons for the decision.



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



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