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§1070c–3 Administration of State Programs; Judicial Review

Title 20 › Chapter 28— HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter IV— STUDENT ASSISTANCE › Part A— Grants to Students in Attendance at Institutions of Higher Education › Subpart 4— leveraging educational assistance partnership program › § 1070c–3

Last updated Apr 5, 2026|Official source

Summary

The Secretary must not finally reject a State’s program application or a change to it without giving the State reasonable notice and a chance for a hearing. After notice and a hearing, if the Secretary finds that an approved program was changed so it no longer follows the rules, or that the program is being run in serious noncompliance, the Secretary can take final action. If a State is unhappy with the Secretary’s final decision, the State can appeal to the U.S. court of appeals for its circuit. The record and transcript must be filed in that court. The Secretary’s facts are final if supported by substantial evidence, but the court can send the case back for more evidence. The court may uphold or set aside the Secretary’s action. The Supreme Court may review the judgment by certiorari or certification under Title 28, section 1254.

Title 20, §1070c–3

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(a)(1)The Secretary shall not finally disapprove any application for a State program submitted under section 1070c–2 of this title, or any modification thereof, without first affording the State agency submitting the program reasonable notice and opportunity for a hearing.

(2)Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a State program approved under this subpart, finds—

(A)that the State program has been so changed that it no longer complies with the provisions of this subpart, or

(B)that in the administration of the program there is a failure to comply substantially with any such provisions,

(b)(1)If any State is dissatisfied with the Secretary’s final action with respect to the approval of its State program submitted under this subpart or with his final action under subsection (a), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action.

(2)The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(3)The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, section 1254.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1070c–3, Pub. L. 89–329, title IV, § 415D, as added Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 257; amended Pub. L. 96–374, title XIII, § 1391(a)(1), (2), Oct. 3, 1980, 94 Stat. 1503, related to administration of State programs and judicial review, prior to the general revision of this part by Pub. L. 99–498.