[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR222.157]

[Page 548-549]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222_IMPACT AID PROGRAMS--Table of Contents
 
 Subpart J_Impact Aid Administrative Hearings and Judicial Review Under 
                         Section 8011 of the Act
 
Sec. 222.157  What procedures apply for issuing or appealing an administrative law judge's decision?

    (a) Decision. (1) The ALJ--
    (i) Makes written findings and an initial decision based upon the 
hearing record; and
    (ii) Forwards to the Secretary, and mails to each party, a copy of 
the written findings and initial decision.
    (2) An ALJ's initial decision constitutes the Secretary's final 
decision without any further proceedings unless--
    (i) A party, within the time limits stated in paragraph (b)(1)(ii) 
of this section, requests the Secretary to review the decision and that 
request is granted; or
    (ii) The Secretary otherwise determines, within the time limits 
stated in paragraph (b)(2)(ii) of this section, to review the initial 
decision.
    (3) When an initial decision becomes the Secretary's final decision 
without any further proceedings, the Department's Office of Hearings and 
Appeals notifies the parties of the finality of the decision.
    (b) Administrative appeal of an initial decision. (1)(i) Any party 
may request the Secretary to review an initial decision.
    (ii) A party must file such a request for review within 30 days of 
the party's receipt of the initial decision.
    (2) The Secretary may--
    (i) Grant or deny a timely request for review of an initial 
decision; or
    (ii) Otherwise determine to review the decision, so long as that 
determination is made within 45 days of the date of receipt of the 
initial decision.
    (3) The Secretary mails to each party written notice of--

[[Page 549]]

    (i) The Secretary's action granting or denying a request for review 
of an initial decision; or
    (ii) The Secretary's determination to review an initial decision.

(Authority: 20 U.S.C. 7711(a))

[60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997]