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. § 668.119

Appeal to the Secretary

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(a) Within 30 days of its receipt of the initial decision of the hearing official, a party wishing to appeal the decision shall submit a brief or other written material to the Secretary explaining why the decision of the hearing official should be overturned or modified.

(b) The party appealing the initial decision shall, simultaneously with its filing of the appeal, provide the opposing party with a copy of its brief or other written material.

(c) In its brief to the Secretary, the party appealing the initial decision may submit proposed findings of fact or conclusions of law. However, the proposed findings of fact must be supported by—

(1) The admissible evidence already in the record;

(2) Matters that may be given official notice; or

(3) Stipulations of the parties

(d) The opposing party shall file its response to the appeal, if any, with the Secretary within 30 days of that party's receipt of the appeal to the Secretary.

(e) The opposing party shall, simultaneously with the filing of any response, provide a copy of its response to the appeal to the party appealing the initial decision.

(f) Neither party may introduce new evidence on appeal.

(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; 57 FR 60035, Dec. 17, 1992]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2007–2024 · leading case: Mission Grp. Kansas, Inc. v. Spellings, 515 F. Supp. 2d 1232 (D. Kan. 2007).
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Mission Grp. Kansas, Inc. v. Spellings, 515 F. Supp. 2d 1232 (D. Kan. 2007). · cites it 3× “See 34 C.F.R. § 668.119 (a). In doing so, the party may submit proposed findings of fact, and such facts must be supported by admissible evidence already in the record, matters that may be given official notice or stipulated facts.”
360 Degree Educ., LLC v. U.S. Dep't of Educ. (N.D. Tex. 2024). “See 34 C.F.R. §§ 668.119 (a); 668.91(c)(1). Should Cortiva receive an adverse ruling at both the initial determination and the reconsideration, it may then appeal that ruling to a United States District Court.”
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