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. § 668.121

Final decision of the Department

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(a) In the event that the initial decision of the hearing official is appealed, the decision of the Secretary is the final decision of the Department, unless the hearing official's decision is remanded by the Secretary.

(b) In the event that the initial decision of the hearing official is not appealed within the time limit specified in § 668.119(a), the initial decision automatically becomes the final decision of the Department.

(Authority: 20 U.S.C. 1094) [52 FR 30115, Aug. 12, 1987; 52 FR 46354, Dec. 7, 1987, as amended at 57 FR 47753, Oct. 19, 1992]
Notes of Decisions
Cited in 1 case, 2007–2007 · 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). “See 34 C.F.R. § 668.121 (a)(1). The APA authorizes the Court to set aside and hold unlawful agency action which is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law.”
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