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

Summary

The Secretary can send a written complaint to a program recipient that explains why the recipient is believed to be seriously breaking the law and sets a hearing date at least 30 days after the complaint is served. The recipient has the right to go to the hearing and explain why they should not be ordered to stop the alleged violation. The hearing testimony is put in writing and filed. If the Office finds a violation, it will write its facts and order the recipient to stop the practice. The report and order become final when the recipient gets them. The Secretary can enforce a final order by withholding program payments (including administrative cost funds) or by sending the case to the Attorney General for enforcement.

Title 20, §1234e

Education — Source: USLM XML via OLRC

(a)In 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)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)The 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)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)The 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 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.

§1234e Cease and Desist Orders