EDGAR Part 76 Subpart I (What Procedures Does the Secretary Use To Get Compliance?)
Subpart I_What Procedures Does the Secretary Use To Get Compliance?
Source: 45 FR 22517, Apr. 3, 1980, unless otherwise noted.
Redesignated at 45 FR 77368, Nov. 21, 1980, and further redesignated at
64 FR 71965, Dec. 22, 1999.
Sec. 76.900 Waiver of regulations prohibited.
(a) No official, agent, or employee of ED may waive any regulation
that applies to a Department program unless the regulation specifically
provide that it may be waived.
(b) No act or failure to act by an official, agent, or employee of
ED can affect the authority of the Secretary to enforce regulations.
(Authority: 43 Dec. Comp. Gen. 31(1963))
Sec. 76.901 Office of Administrative Law Judges.
(a) The Office of Administrative Law Judges, established under Part
E of GEPA, has the following functions:
(1) Recovery of funds hearings under section 452 of GEPA.
(2) Withholding hearings under section 455 of GEPA.
(3) Cease and desist hearings under section 456 of GEPA.
(4) Any other proceeding designated by the Secretary under section
451 of GEPA.
(b) The regulations of the Office of Administrative Law Judges are
at 34 CFR part 81.
(Authority: 20 U.S.C. 1234)
[57 FR 30342, July 8, 1992]
Sec. 76.902 Judicial review.
After a hearing by the Secretary, a State is usually entitled--
generally by the statute that required the hearing--to judicial review
of the Secretary's decision.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6511(a))
Sec. 76.910 Cooperation with audits.
A grantee or subgrantee shall cooperate with the Secretary and the
Comptroller General of the United States or any of their authorized
representatives in the conduct of audits authorized by Federal law. This
cooperation includes access without unreasonable restrictions to records
and personnel of the grantee or subgrantee for the purpose of obtaining
relevant information.
(Authority: 5 U.S.C. appendix 3, sections 4(a)(1), 4(b)(1)(A), and
6(a)(1); 20 U.S.C. 1221e-3(a)(1), 1232f)
[54 FR 21776, May 19, 1989]
EDGAR version June 23, 2005
