34 C.F.R. § 602.44 How may an agency appeal the subcommittee's recommendation?
Title 34 - Education
(a) Either the agency or the senior Department official may appeal the subcommittee's recommendation. If a party wishes to appeal, that party must— (1) Notify the Secretary and the other party in writing of its intent to appeal the recommendation no later than 10 days after receipt of the recommendation; (2) Submit its appeal to the Secretary in writing no later than 30 days after receipt of the recommendation; and (3) Provide the other party with a copy of the appeal at the same time it submits the appeal to the Secretary. (b) The non-appealing party may file a written response to the appeal. If that party wishes to do so, it must— (1) Submit its response to the Secretary no later than 30 days after receiving its copy of the appeal; and (2) Provide the appealing party with a copy of its response at the same time it submits its response to the Secretary. (c) Neither the agency nor the senior Department official may include any new evidence in its submission, i.e., evidence it did not previously submit to the subcommittee. (d) If the subcommittee's recommendation is appealed, the Secretary renders a final decision after taking into account that recommendation and the parties' written submissions on appeal, as well as the entire record before the subcommittee and the subcommittee's opinion. (Authority: 20 U.S.C. 1099b)
Title 34: Education
PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES
Subpart D—Limitation, Suspension, or Termination of Recognition Limitation, Suspension, and Termination Procedures
Appeal Rights and Procedures
§ 602.44 How may an agency appeal the subcommittee's recommendation?
