---
kind: "section"
citation: "34 C.F.R. § 668.120"
title: "34"
number: "668.120"
heading: "Decision of the Secretary."
url: "https://uscodex.org/cfr/34/668.120"
---

# §668.120. Decision of the Secretary.

- (a)
  - (1) **The Secretary issues a final decision.** The Secretary may affirm, modify, or reverse the decision of the hearing official, or may remand the case to the hearing official for further proceedings consistent with the Secretary's decision.
  - (2) The Secretary may delegate the performance of functions under this section to a designated department official.
- (b) If the Secretary modifies, remands, or overturns the initial decision of the hearing official, the Secretary issues a decision that—
  - (1) Includes a statement of the reasons for this action;
  - (2) Is provided to both parties; and
  - (3) Unless the decision is remanded to the hearing official for further review or determination of fact, becomes final upon its issuance.

## Notes

### Amendments

[52 FR 30115, Aug. 12, 1987, correctly designated at 52 FR 46354, Dec. 7, 1987, as amended at 57 FR 47753, Oct. 19, 1992; 57 FR 60035, Dec. 17, 1992]

### Source

Source: 52 FR 30115, Aug. 12, 1987, unless otherwise noted. Correctly designated at 52 FR 46354, Dec. 7, 1987.

### Authority

Authority: 20 U.S.C. 1001-1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, 1099c-1, 1221e-3, and 1231a, unless otherwise noted.

### Amendments

[52 FR 30115, Aug. 12, 1987, correctly designated at 52 FR 46354, Dec. 7, 1987, as amended at 57 FR 47753, Oct. 19, 1992; 57 FR 60035, Dec. 17, 1992]