C.F.R. » Title 34 » CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION › PART 101—PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 100 OF THIS TITLE › Subpart C—Parties

34 C.F.R. § 101.23

Complainants not parties

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A person submitting a complaint pursuant to § 100.7(b) of this title is not a party to the proceedings governed by this part, but may petition, after proceedings are initiated, to become an amicus curiae.

Notes of Decisions
Cited in 2 cases, 1987–1995 · leading case: Nicholas Marlow v. United States Dep't of Educ. & William Bennett, Sec'y of Educ., 820 F.2d 581 (2d Cir. 1987).
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Nicholas Marlow v. United States Dep't of Educ. & William Bennett, Sec'y of Educ., 820 F.2d 581 (2d Cir. 1987). “Under 34 C.F.R. § 101.23 , even if the Department of Education does take enforcement action against a recipient of funds, the complainant is not a party to the action.”
Mennone v. Gordon, 889 F. Supp. 53 (D. Conn. 1995). “34 C.F.R. § 101.23 . Absent a complaint, the statute gives the government authority to investigate possible violations and impose sanctions including the elimination or denial of federal funding.”
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