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. § 668.120

Decision of the Secretary

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a)(1) The Secretary issues a final decision. The Secretary may affirm, modify, or reverse the decision of the hearing official, or may remand the case to the hearing official for further proceedings consistent with the Secretary's decision.

(2) The Secretary may delegate the performance of functions under this section to a designated department official.

(b) If the Secretary modifies, remands, or overturns the initial decision of the hearing official, the Secretary issues a decision that—

(1) Includes a statement of the reasons for this action;

(2) Is provided to both parties; and

(3) Unless the decision is remanded to the hearing official for further review or determination of fact, becomes final upon its issuance.

(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, 1997–2007 · leading case: Mission Grp. Kansas, Inc. v. Spellings, 515 F. Supp. 2d 1232 (D. Kan. 2007).
Sort: Relevance Newest Treatment
Mission Grp. Kansas, Inc. v. Spellings, 515 F. Supp. 2d 1232 (D. Kan. 2007). · cites it 2× “See 34 C.F.R. § 668.120 (a)(1). If the Secretary modifies, remands or overturns the decision, the Secretary must issue a decision which includes a statement of reasons for doing so.”
Chauffeur's Training Sch., Inc. v. Riley, 967 F. Supp. 719 (N.D.N.Y. 1997). “See 34 C.F.R. § 668.120 . In this instance, there is no evidence that Education failed to follow the above procedures in handling CTS’ appeal of the FPRD.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.