34 C.F.R. § 76.671   Notice by the Secretary.


Title 34 - Education


Title 34: Education
PART 76—STATE-ADMINISTERED PROGRAMS
Subpart F—What Conditions Must Be Met by the State and Its Subgrantees?
Procedures for Bypass

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§ 76.671   Notice by the Secretary.

(a) Before taking any final action to implement a bypass under a program listed in §76.670, the Secretary provides the affected grantee and subgrantee, if appropriate, with written notice.

(b) In the written notice, the Secretary—

(1) States the reasons for the proposed bypass in sufficient detail to allow the grantee and subgrantee to respond;

(2) Cites the requirement that is the basis for the alleged failure to comply; and

(3) Advises the grantee and subgrantee that they—

(i) Have at least 45 days after receiving the written notice to submit written objections to the proposed bypass; and

(ii) May request in writing the opportunity for a hearing to show cause why the bypass should not be implemented.

(c) The Secretary sends the notice to the grantee and subgrantee by certified mail with return receipt requested.

(Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c))

[54 FR 21775, May 19, 1989]

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