---
kind: "section"
citation: "34 C.F.R. § 222.157"
title: "34"
number: "222.157"
heading: "What procedures apply for issuing or appealing an administrative law judge's decision?"
url: "https://uscodex.org/cfr/34/222.157"
---

# §222.157. What procedures apply for issuing or appealing an administrative law judge's decision?

- (a) **Decision.**
  - (1) **The ALJ—**
    - (i) Makes written findings and an initial decision based upon the hearing record; and
    - (ii) Forwards to the Secretary, and mails to each party, a copy of the written findings and initial decision.
  - (2) An ALJ's initial decision constitutes the Secretary's final decision without any further proceedings unless—
    - (i) A party, within the time limits stated in [paragraph (b)(1)(ii)](#b-1-ii) of this section, requests the Secretary to review the decision and that request is granted; or
    - (ii) The Secretary otherwise determines, within the time limits stated in [paragraph (b)(2)(ii)](#b-2-ii) of this section, to review the initial decision.
  - (3) When an initial decision becomes the Secretary's final decision without any further proceedings, the Department's Office of Hearings and Appeals notifies the parties of the finality of the decision.
- (b) **Administrative appeal of an initial decision.**
  - (1)
    - (i) Any party may request the Secretary to review an initial decision.
    - (ii) A party must file such a request for review within 30 days of the party's receipt of the initial decision.
  - (2) **The Secretary may—**
    - (i) Grant or deny a timely request for review of an initial decision; or
    - (ii) Otherwise determine to review the decision, so long as that determination is made within 45 days of the date of receipt of the initial decision.
  - (3) **The Secretary mails to each party written notice of—**
    - (i) The Secretary's action granting or denying a request for review of an initial decision; or
    - (ii) **The Secretary's determination to review an initial decision.**

## Notes

### Amendments

[60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997]

### 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.

### Amendments

[60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997]