U.S. Code » Title 20 » Chapter CHAPTER 31— GENERAL PROVISIONS CONCERNING EDUCATION › Subchapter SUBCHAPTER IV— ENFORCEMENT

20 U.S.C. § 1234e

Cease and desist orders

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(a) Issuance and contents of complaintIn accordance with section 1234c of this title, the Secretary may issue to a recipient under an applicable program a complaint which—(1) describes the factual and legal basis for the Secretary’s belief that the recipient is failing to comply substantially with a requirement of law; and(2) contains a notice of a hearing to be held before the Office on a date at least 30 days after the service of the complaint.(b) Appearance contesting order

The recipient upon which a complaint has been served shall have the right to appear before the Office on the date specified and to show cause why an order should not be entered by the Office requiring the recipient to cease and desist from the violation of law charged in the complaint.

(c) Report; issuance of cease and desist orderThe testimony in any hearing held under this section shall be reduced to writing and filed with the Office. If upon that hearing the Office is of the opinion that the recipient is in violation of any requirement of law as charged in the complaint, the Office shall—(1) make a report in writing stating its findings of fact; and(2) issue to the recipient an order requiring the recipient to cease and desist from the practice, policy, or procedure which resulted in the violation.(d) Report and order as final agency action

The report and order of the Office under this section shall become the final agency action when the recipient receives the report and order.

(e) Enforcement of final orderThe Secretary may enforce a final order of the Office under this section which becomes final agency action by—(1) withholding from the recipient any portion of the amount payable to it, including the amount payable for administrative costs, under the applicable program; or(2) certifying the facts to the Attorney General who shall cause an appropriate proceeding to be brought for the enforcement of the order.(Pub. L. 90–247, title IV, § 456, as added Pub. L. 95–561, title XII, § 1232, Nov. 1, 1978, 92 Stat. 2351; amended Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 355.)Editorial NotesAmendments

1988—Pub. L. 100–297 amended section generally, substituting provisions relating to cease and desist orders for provisions relating to use of recovered funds. See section 1234h of this title.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–297 effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as a note under section 1234 of this title.

Notes of Decisions
Cited in 4 cases, 1985–2000 · leading case: United States v. Miami Univ., 91 F. Supp. 2d 1132 (S.D. Ohio 2000).
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United States v. Miami Univ., 91 F. Supp. 2d 1132 (S.D. Ohio 2000). · cites it 2× “20 U.S.C. § 1234e(a)(4). There is no requirement that the Secretary resort to the administrative remedies first; the Secretary has the option to choose the method of enforcement best suited for the situation.”
Onslow Cnty., North Carolina v. United States Dep't of Labor, 774 F.2d 607 (4th Cir. 1985). “In the Kentucky and New Jersey cases, there was no suggestion, so far as we can tell, that the Secretary of Education had failed to exercise a comparable discretion to waive, under parallel provisions of Title I of the Elementary and Secondary Education Act, 20 U.S.C. §…”
Dep't of Educ., State of Hawaii v. Terrel Bell, Sec'y of Educ., United States Dep't of Educ., 770 F.2d 1409 (9th Cir. 1985). “…with that plan would serve to achieve the purposes of the program under which the funds were originally granted. 20 U.S.C. § 1234e.”
State of Wyoming v. Lamar Alexander, Sec'y of Educ., United States Dep't of Educ., 971 F.2d 531 (10th Cir. 1992). “The APA specifically provides that those “entitled to notice of an agency hearing shall be timely informed of ... the *543 matters of fact and law asserted.”
— 20 U.S.C. § 1234e(a) — 1 case
Onslow Cnty., North Carolina v. United States Dep't of Labor, 774 F.2d 607 (4th Cir. 1985). “In the Kentucky and New Jersey cases, there was no suggestion, so far as we can tell, that the Secretary of Education had failed to exercise a comparable discretion to waive, under parallel provisions of Title I of the Elementary and Secondary Education Act, 20 U.S.C. §…”
— 20 U.S.C. § 1234e(a)(2) — 1 case
State of Wyoming v. Lamar Alexander, Sec'y of Educ., United States Dep't of Educ., 971 F.2d 531 (10th Cir. 1992). “The APA specifically provides that those “entitled to notice of an agency hearing shall be timely informed of ... the *543 matters of fact and law asserted.”
— 20 U.S.C. § 1234e(a)(4) — 1 case
United States v. Miami Univ., 91 F. Supp. 2d 1132 (S.D. Ohio 2000). “20 U.S.C. § 1234e(a)(4). There is no requirement that the Secretary resort to the administrative remedies first; the Secretary has the option to choose the method of enforcement best suited for the situation.”
— 20 U.S.C. § 1234e(e)(l) — 1 case
United States v. Miami Univ., 91 F. Supp. 2d 1132 (S.D. Ohio 2000). “20 U.S.C. § 1234e(a)(4). There is no requirement that the Secretary resort to the administrative remedies first; the Secretary has the option to choose the method of enforcement best suited for the situation.”
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