34 C.F.R. § 668.113

Request for review

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(a) An institution or third-party servicer seeking the Secretary's review of a final audit determination or a final program review determination shall file a written request for review with the designated department official.

(b) The institution or servicer must file its request for review no later than 45 days from the date that the institution or servicer receives the final audit determination or final program review determination.

(c) The institution or servicer must attach to the request for review a copy of the final audit determination or final program review determination, and must—

(1) Identify the issues and facts in dispute; and

(2) State the institution's or servicer's position, as applicable, together with the pertinent facts and reasons supporting that position.

(d)(1) If the final audit determination or final program review determination in paragraph (a) of this section results from the institution's classification of a course or program as distance education, or the institution's assignment of credit hours, the Secretary relies upon the requirements of the institution's accrediting agency or State approval agency regarding qualifications for instruction and whether the amount of work associated with the institution's credit hours is consistent with commonly accepted practice in postsecondary education, in applying the definitions of “distance education” and “credit hour” in 34 CFR 600.2.

(2) If an institution's violation that resulted in the final audit determination or final program review determination in paragraph (a) of this section results from an administrative, accounting, or recordkeeping error, and that error was not part of a pattern of error, and there is no evidence of fraud or misconduct related to the error, the Secretary permits the institution to correct or cure the error.

(3) If the institution is charged with a liability as a result of an error described in paragraph (d)(1) of this section, the institution cures or corrects that error with regard to that liability if the cure or correction eliminates the basis for the liability.

(Approved by the Office of Management and Budget under control number 1840-0537) [59 FR 22452, Apr. 29, 1994, as amended at 59 FR 34964, July 7, 1994; 64 FR 58619, Oct. 29, 1999; 78 FR 48051, Aug. 7, 2013; 85 FR 54818, Sept. 2, 2020]

Notes of Decisions

Cited in 3 cases, 1996–2015 · leading case: Int'l Junior Coll. of Bus. & Tech., Inc. v. Duncan, 802 F.3d 99 (1st Cir. 2015).

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Int'l Junior Coll. of Bus. & Tech., Inc. v. Duncan, 802 F.3d 99 (1st Cir. 2015). · cites it 4× “The Secretary relied on 34 C.F.R. § 668.113 (d), 18 which he interpreted as granting him the “authority to accept an institution’s corrective measures in the administration of Title IV funds when in my judgment such measures ‘eliminate the basis for the liability’ sought by [the…”

Trs. of the California State Univ. v. Richard W. Riley, Sec'y of the Dep't of Educ., 74 F.3d 960 (9th Cir. 1996). “34 C.F.R. § 668.113 (1989). Section 668.116(e) provides: (1) A party may submit as evidence to the administrative law judge only materials within one or more of the following categories: (i) [Education Department] audit reports and audit work papers for audits performed by the…”

Mission Grp. Kansas, Inc. v. Spellings, 515 F. Supp. 2d 1232 (D. Kan. 2007). “§ 1094 (b) and 34 C.F.R. § 668.113 . AR at 21-27. On February 7, 2002, after oral argument, Judge Ernest C.”

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