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Regulations by Section and Attachment 1
(Analysis
of Comments and Changes)
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Subpart
E-Procedural Safeguards
Department
Procedures
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§300.584
Initial decision; final decision.
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(a) The Hearing Official or Panel prepares an initial written
decision that addresses each of the points in the notice sent by the
Secretary to the SEA under §300.581.
(b) The initial decision of a Panel is made by a majority of Panel
members.
(c) The Hearing Official or Panel mails by certified mail with
return receipt requested a copy of the initial decision to each party
(or to the party's counsel) and to the Secretary, with a notice
stating that each party has an opportunity to submit written comments
regarding the decision to the Secretary.
(d)
Each party may file comments and recommendations on the initial
decision with the Hearing Official or Panel within 15 days of the
date the party receives the Panel's decision.
(e) The
Hearing Official or Panel sends a copy of a party's initial comments
and recommendations to the other parties by certified mail with
return receipt requested. Each party may file responsive comments and
recommendations with the Hearing Official or Panel within seven days
of the date the party receives the initial comments and
recommendations.
(f) The Hearing Official or Panel forwards the parties' initial
and responsive comments on the initial decision to the Secretary who
reviews the initial decision and issues a final decision.
(g) The
initial decision of the Hearing Official or Panel becomes the final
decision of the Secretary unless, within 25 days after the end of the
time for receipt of written comments, the Secretary informs the
Hearing Official or Panel and the parties to a hearing in writing
that the decision is being further reviewed for possible
modification.
(h) The Secretary may reject or modify the initial decision of the
Hearing Official or Panel if the Secretary finds that it is clearly
erroneous.
(i) The Secretary conducts the review based on the initial
decision, the written record, the Hearing Official's or Panel's
proceedings, and written comments. The Secretary may remand the
matter for further proceedings.
(j) The
Secretary issues the final decision within 30 days after notifying
the Hearing Official or Panel that the initial decision is being
further reviewed.
(Authority: 20 U.S.C. (1412(d)(2))
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Analysis
of Comments, Discussions and Changes from Attachment
1
Comment: One commenter objected that the
procedures in proposed §§300.580-300.589 are
overly detailed and bureaucratic. This commenter also stated
that these procedures incorporate language from the old
regulations concerning disapproval of State plans, which is
no longer relevant in light of changes in the statute.
Another commenter noted that proposed §300.583
mentioned disapproval of State plans and requested that it
be revised to refer to denial of eligibility.
Discussion: The Department does not agree
that the procedures in §§300.580-300.589 are
overly detailed. When the Secretary proposes to deny a
State's eligibility, withhold funds or take other
enforcement action and when a State has requested a waiver
of supplement not supplant or maintenance of effort
requirements, it is important to all parties that the
process through which those issues will be decided is
clearly described, so that time, money and effort are not
spent resolving procedural questions instead of the
underlying issues. The commenter is correct that proposed
§§300.580-300.586 are substantially the same as
old regulations that addressed disapproval of a State plan,
and that State plans are no longer required by the statute.
When necessary, however, these same procedures were
designated in the past by the Secretary as the procedures to
follow on a proposed denial of State eligibility, a concept
that remains in the law.
Changes: None.
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