Functional Statements > Office of the General Counsel

C. Postsecondary and Regulatory Service

The Postsecondary and Regulatory Service is under the direction of a Deputy General Counsel who reports directly to the General Counsel. The Deputy General Counsel supervises and coordinates the work of two Divisions, each of which is headed by an Assistant General Counsel:

Postsecondary Education Division; and
Regulatory Services Division.

Postsecondary Education Division

The Postsecondary Education Division provides legal services for postsecondary education programs administered by the Assistant Secretary for Postsecondary Education.

In performing its responsibilities, the Division:

• Provides services required by the Department in connection with court litigation, including development of litigation positions, preparation of documents for submission in court, and explanation of cases to the Department of Justice (This does not preclude the Inspector General from performing that officer's functions under Section 4(d) of the Inspector General Act of 1978.).
• Provides formal and informal legal advice to various units in the Office of the Secretary, the Office of Postsecondary Education (including its regional offices) and other units within the Department.
• Drafts or reviews drafts of legislation, regulations, preambles, responses to public comment, and other supporting documents, and participates in public hearings necessary for the development of regulations for the Department.
• Provides legal services required by the Department relating to the conduct of administrative proceedings (such as audit appeals and limitation, termination, and suspension proceedings), including presentation of cases before the Administrative Law Judges or other responsible presiding officers.
• Provides advice and serves as a special resource with respect to individual student loan default cases and bankruptcy cases.

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Regulatory Services Division

The Regulatory Services Division manages the development of the development of the Department's regulations and other documents published in the Federal Register.

In performing its responsibilities, the Division:

• Ensures, by establishing policies and standards, by providing guidance and interpretations, and by monitoring and evaluating regulations activities, that the Department is effectively and expeditiously developing regulatory documents necessary for operations within the requirements of the law.
• Develops policies, systems, methods, and procedures for the development and processing of regulatory documents of the Department.
• Serves as the Department's monitor and coordinator for compliance with the publication and rulemaking requirements of the Administrative Procedure Act, Section 431 of the General Education Provisions Act, the Regulatory Flexibility Act, the Paperwork Reduction Act of 1980, Executive Order 12291, and other requirements, including the scheduling dates for the publication of regulations.
• Ensures that all regulatory documents conform to the policies and requirements of the Department, the Office of the Federal Register, and the Office of Management and Budget.
• Assists the General Counsel in advising the Secretary on regulations issues and on specific regulations.
• Drafts or reviews drafts of legislation, regulations, preambles, responses to public comment, and other supporting documents, and participates in public hearings necessary for the development of regulations for the Department.

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