§1234d — Title 20 Education | U.S. Code

Summary

The Secretary can stop or cut off future payments, including money for administrative costs, under a program. Before doing that, the Secretary must send a written notice saying they plan to withhold payments, explaining the facts and legal reasons they believe the recipient has not followed the law, and offering a hearing that will take place at least 30 days after the notice. The hearing is held by the Department’s Office and follows the agency’s hearing rules. While the case is pending, the Secretary may temporarily suspend payments and the recipient’s authority to obligate Federal funds after giving reasonable notice and a chance to explain. If the Secretary reviews the Office’s decision, the Office’s factual findings are final if supported by substantial evidence, though the Secretary can send the case back for more evidence. The Office’s decision becomes final 60 days after the recipient gets written notice unless the Secretary changes it or remands it.

Title 20, §1234d

Education — Source: USLM XML via OLRC

(a)In accordance with section 1234c of this title, the Secretary may withhold from a recipient, in whole or in part, further payments (including payments for administrative costs) under an applicable program.

(b)Before withholding payments, the Secretary shall notify the recipient, in writing, of—

(1)the intent to withhold payments;

(2)the factual and legal basis for the Secretary’s belief that the recipient has failed to comply substantially with a requirement of law; and

(3)an opportunity for a hearing to be held on a date at least 30 days after the notification has been sent to the recipient.

(c)The hearing shall be held before the Office and shall be conducted in accordance with the rules prescribed pursuant to subsections (f) and (g) of section 1234 of this title.

(d)Pending the outcome of any hearing under this section, the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate Federal funds, or both, after such recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate Federal funds should not be suspended.

(e)Upon review of a decision of the Office by the Secretary, the findings of fact by the Office, if supported by substantial evidence, shall be conclusive. However, the Secretary, for good cause shown, may remand the case to the Office to take further evidence, and the Office may thereupon make new or modified findings of fact and may modify its previous action. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(f)The decision of the Office in any hearing under this section shall become final agency action 60 days after the recipient receives written notice of the decision unless the Secretary either—

(1)modifies or sets aside the decision, in whole or in part, in which case the decision of the Secretary shall become final agency action when the recipient receives written notice of the Secretary’s action; or

(2)remands the decision of the Office.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–297 amended section generally, substituting provisions relating to withholding for provisions relating to judicial review. See section 1234g of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment 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.

§1234d Withholding