---
kind: "section"
citation: "34 C.F.R. § 33.41"
title: "34"
number: "33.41"
heading: "Stay pending appeal."
url: "https://uscodex.org/cfr/34/33.41"
---

# §33.41. Stay pending appeal.

- (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the Department head.
- (b) **No administrative stay is available following a final decision of the Department head.**

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812.

### Source

Source: 53 FR 15675, May 3, 1988, unless otherwise noted.