[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR602.44]

[Page 214]
 
                           TITLE 34--EDUCATION
 
 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 602_THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES--Table of 
 
    Subpart D_Limitation, Suspension, or Termination of Recognition 
           Limitation, Suspension, and Termination Procedures
 
Sec. 602.44  How may an agency appeal the subcommittee's recommendation?

    (a) Either the agency or the senior Department official may appeal 
the subcommittee's recommendation. If a party wishes to appeal, that 
party must--
    (1) Notify the Secretary and the other party in writing of its 
intent to appeal the recommendation no later than 10 days after receipt 
of the recommendation;
    (2) Submit its appeal to the Secretary in writing no later than 30 
days after receipt of the recommendation; and
    (3) Provide the other party with a copy of the appeal at the same 
time it submits the appeal to the Secretary.
    (b) The non-appealing party may file a written response to the 
appeal. If that party wishes to do so, it must--
    (1) Submit its response to the Secretary no later than 30 days after 
receiving its copy of the appeal; and
    (2) Provide the appealing party with a copy of its response at the 
same time it submits its response to the Secretary.
    (c) Neither the agency nor the senior Department official may 
include any new evidence in its submission, i.e., evidence it did not 
previously submit to the subcommittee.
    (d) If the subcommittee's recommendation is appealed, the Secretary 
renders a final decision after taking into account that recommendation 
and the parties' written submissions on appeal, as well as the entire 
record before the subcommittee and the subcommittee's opinion.

(Authority: 20 U.S.C. 1099b)