§303.231. Notice and hearing before determining that a State is not eligible.
34 C.F.R. § 303.231
General.
The Secretary does not make a final determination that a State is not eligible to receive a grant under part C of the Act until providing the State—
Reasonable notice; and
An opportunity for a hearing.
In implementing paragraph (a)(1)(i) of this section, the Secretary sends a written notice to the lead agency by certified mail with a return receipt requested.
Content of notice. In the written notice described in paragraph (a)(2) of this section, the Secretary—
States the basis on which the Secretary proposes to make a final determination that the State is not eligible;
May describe possible options for resolving the issues;
Advises the lead agency 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
Provides the lead agency with information about the hearing procedures that will be followed.
Notes, amendments, and revision history
Authority
Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.
Source
Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.