38 C.F.R. § 21.4001

Delegations of authority

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(a) Except as otherwise provided, authority is delegated to the Under Secretary for Benefits and to supervisory or adjudicative personnel within the jurisdiction of the Education Service, designated by him or her to make findings and decisions under 38 U.S.C. Chapters 34 and 36 and the applicable regulations, precedents and instructions, as to programs authorized by these paragraphs.

(b) Authority is delegated to the Under Secretary for Benefits and the Director, Education Service, to enter into agreements for the reimbursement of State approving agencies under § 21.4153.

(Authority: 38 U.S.C. 512(a))

(1) Waiver of penalties for conflicting interests as provided by § 21.4005;

(2) Actions otherwise required of State approving agencies under § 21.4150(c);

(3) Approval of courses under § 21.4250(c)(2).

(Authority: 38 U.S.C. 512(c))

(d) The Under Secretary for Benefits is delegated responsibility for obtaining evidence of voluntary compliance for vocational rehabilitation, education and special restorative training to implement Title VI, Civil Rights Act of 1964. Authority is delegated to him or her and his or her designee to take any necessary action as to programs of vocational rehabilitation, education or special restorative training under 38 U.S.C. Chapters 31, 34, 35 and 36 for the purpose of securing evidence of voluntary compliance directly or through the agencies to whom the Secretary has delegated responsibility for various schools or training establishments to implement §§ 18.1 through 18.13 of this chapter.

(e) The Under Secretary for Benefits is delegated responsibility for obtaining evidence of voluntary compliance from recognized national organizations whose representatives are afforded space and office facilities in facilities under his or her jurisdiction.

(f) The Under Secretary for Benefits is delegated responsibility to enter into an agreement with the Federal Trade Commission to utilize, where appropriate, its services and facilities, consistent with its available resources, to carry out investigations and make determinations as to enrollment of an eligible veteran or eligible person in any course offered by an institution which utilizes advertising, sales, or enrollment practices of any type which are erroneous, deceptive, or misleading either by actual statement, omission, or intimation.

(Authority: 38 U.S.C. 3696)

(g) Authority is delegated to the Executive Director, Veteran Readiness and Employment (VR&E) Service to exercise the functions required of the Secretary for approval of courses under § 21.4250(c)(1).

(Authority: 38 U.S.C. 512(a)) [31 FR 6774, May 6, 1966, as amended at 40 FR 31759, July 29, 1975; 48 FR 37975, Aug. 22, 1983; 50 FR 46764, Nov. 13, 1985; 61 FR 26112, May 24, 1996; 87 FR 8744, Feb. 16, 2022]

Notes of Decisions

Cited in 2 cases, 1980–2018 · leading case: Robert E. Devine, & All Others Similarly Situated, Plaintiffs v. Max Cleland, Etc., Robert E. Devine v. Max Cleland, Etc., 616 F.2d 1080 (9th Cir. 1980).

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Robert E. Devine, & All Others Similarly Situated, Plaintiffs v. Max Cleland, Etc., Robert E. Devine v. Max Cleland, Etc., 616 F.2d 1080 (9th Cir. 1980). “, nor the regulations promulgated thereunder by the VA for administration of educational benefits, see generally 38 C.F.R. § 21.4001 et se'q., contained any provision regarding pre-termination procedures.”

13-00 335 (Board of Vet. App. 2018). “§§ 3670 -3699 with implementing regulations found at 38 C.F.R. §§ 21.4001 -21.4280. Of particular relevance in this case, if an educational institution offers a resident course in a State, only the State approving agency for the State where the course is being offered may…”

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