20 U.S.C. § 1070c–3: Administration of State…

§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 Sep 22, 2026|Official source

Summary

The Secretary must not finally reject a State’s program application or change without first giving the State agency reasonable notice and a chance for a hearing. If, after notice and a hearing, the Secretary finds the program no longer follows the rules or is being run badly, the Secretary will tell the State it is not eligible to take part anymore until the problem is fixed. If a State disagrees with the Secretary’s final decision, it can appeal to the United States Court of Appeals for the circuit where the State sits. The summons may be served anywhere in the United States. The Commissioner must file the record and transcript with the court. The court will accept the Secretary’s factual findings if supported by substantial evidence, but it can send the case back for more evidence. The court can uphold or overturn the Secretary’s action, and its judgment may be reviewed by the Supreme Court under 28 U.S.C. 1254.

Title 20, §1070c–3

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(a)Disapproval of applications; suspension of eligibility

(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,

the Secretary shall notify such State agency that the State will not be regarded as eligible to participate in the program under this subpart until he is satisfied that there is no longer any such failure to comply.

(b)Review of decisions

(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.