§ 1234e. — Cease and desist orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1234e]
TITLE 20--EDUCATION
CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
SUBCHAPTER IV--ENFORCEMENT
Sec. 1234e. Cease and desist orders
(a) Issuance and contents of complaint
In accordance with section 1234c of this title, the Secretary may
issue to a recipient under an applicable program a complaint which--
(1) describes the factual and legal basis for the Secretary's
belief that the recipient is failing to comply substantially with a
requirement of law; and
(2) contains a notice of a hearing to be held before the Office
on a date at least 30 days after the service of the complaint.
(b) Appearance contesting order
The recipient upon which a complaint has been served shall have the
right to appear before the Office on the date specified and to show
cause why an order should not be entered by the Office requiring the
recipient to cease and desist from the violation of law charged in the
complaint.
(c) Report; issuance of cease and desist order
The testimony in any hearing held under this section shall be
reduced to writing and filed with the Office. If upon that hearing the
Office is of the opinion that the recipient is in violation of any
requirement of law as charged in the complaint, the Office shall--
(1) make a report in writing stating its findings of fact; and
(2) issue to the recipient an order requiring the recipient to
cease and desist from the practice, policy, or procedure which
resulted in the violation.
(d) Report and order as final agency action
The report and order of the Office under this section shall become
the final agency action when the recipient receives the report and
order.
(e) Enforcement of final order
The Secretary may enforce a final order of the Office under this
section which becomes final agency action by--
(1) withholding from the recipient any portion of the amount
payable to it, including the amount payable for administrative
costs, under the applicable program; or
(2) certifying the facts to the Attorney General who shall cause
an appropriate proceeding to be brought for the enforcement of the
order.
(Pub. L. 90-247, title IV, Sec. 456, as added Pub. L. 95-561, title XII,
Sec. 1232, Nov. 1, 1978, 92 Stat. 2351; amended Pub. L. 100-297, title
III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 355.)
Amendments
1988--Pub. L. 100-297 amended section generally, substituting
provisions relating to cease and desist orders for provisions relating
to use of recovered funds. See section 1234h of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-297 effective 180 days after Apr. 28, 1988,
but not applicable to recipients receiving written notice to return
funds prior to that date, see section 3501(b) of Pub. L. 100-297, set
out as a note under section 1234 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1234, 1234c, 1234g, 6777 of
this title.
