---
kind: "section"
citation: "34 C.F.R. § 222.116"
title: "34"
number: "222.116"
heading: "How are withholding procedures initiated under this subpart?"
url: "https://uscodex.org/cfr/34/222.116"
---

# §222.116. How are withholding procedures initiated under this subpart?

- (a) If the Assistant Secretary decides to withhold an LEA's funds, the Assistant Secretary issues a written notice of intent to withhold the LEA's payments.
- (b) **In the written notice, the Assistant Secretary—**
  - (1) Describes how the LEA failed to comply with the requirements at issue; and
  - (2)
    - (i) Advises an LEA that has participated in an IPP hearing that it may request, in accordance with [§ 222.117(c)](/cfr/34/222.117.md?p=c), that its payments not be withheld; or
    - (ii) Advises an LEA that has not participated in an IPP hearing that it may request a withholding hearing in accordance with [§ 222.117(d)](/cfr/34/222.117.md?p=d).
- (c) The Assistant Secretary sends a copy of the written notice of intent to withhold payments to the LEA and the affected Indian tribe or tribes by certified mail with return receipt requested.

## Notes

### Source

Source: 62 FR 35416, July 1, 1997, unless otherwise noted.

### Authority

Authority: 20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 60 FR 50778, Sept. 29, 1995, unless otherwise noted.