C.F.R. » Title 34 » CHAPTER VI—OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION › PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS › Subpart H—Appeal Procedures for Audit Determinations and Program Review Determinations

34 C.F.R. § 668.118

Decision of the hearing official

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(a) Upon review of the parties' written submissions and termination of the oral argument if one is held, the hearing official issues a written decision.

(b) The hearing official's decision states and explains whether the final audit determination or final program review determination issued by the designated ED official was supportable, in whole or in part.

(c) The hearing official bases any findings of fact only on evidence properly presented before him, on matters given official notice, or on facts stipulated to by the parties.

(Authority: 20 U.S.C. 1094) [52 FR 30115, Aug. 12, 1987, correctly designated at 52 FR 46354, Dec. 7, 1987, as amended at 57 FR 47753, Oct. 19, 1992]
Notes of Decisions
Cited in 2 cases, 1997–2007 · leading case: Chauffeur's Training Sch., Inc. v. Riley, 967 F. Supp. 719 (N.D.N.Y. 1997).
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Chauffeur's Training Sch., Inc. v. Riley, 967 F. Supp. 719 (N.D.N.Y. 1997). “See 34 C.F.R. § 668.118 (d). Each party can appeal the initial decision to the Secretary, who may affirm, modify, reverse, or remand the initial decision to the hearing official.”
Mission Grp. Kansas, Inc. v. Spellings, 515 F. Supp. 2d 1232 (D. Kan. 2007). “See 34 C.F.R. § 668.118 . In writing, the hearing official decides whether the final determination was supportable in whole or in part.”
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