---
kind: "section"
citation: "34 C.F.R. § 300.179"
title: "34"
number: "300.179"
heading: "Notice and hearing before determining that a State is not eligible to receive a grant."
url: "https://uscodex.org/cfr/34/300.179"
---

# §300.179. Notice and hearing before determining that a State is not eligible to receive a grant.

- (a) **General.**
  - (1) The Secretary does not make a final determination that a State is not eligible to receive a grant under Part B of the Act until providing the State—
    - (i) With reasonable notice; and
    - (ii) **With an opportunity for a hearing.**
  - (2) In implementing [paragraph (a)(1)(i)](#a-1-i) of this section, the Secretary sends a written notice to the SEA by certified mail with return receipt requested.
- (b) **Content of notice.** In the written notice described in [paragraph (a)(2)](#a-2) of this section, the Secretary—
  - (1) States the basis on which the Secretary proposes to make a final determination that the State is not eligible;
  - (2) May describe possible options for resolving the issues;
  - (3) Advises the SEA that it may request a hearing and that the request for a hearing must be made not later than 30 days after it receives the notice of the proposed final determination that the State is not eligible; and
  - (4) Provides the SEA with information about the hearing procedures that will be followed.

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.