---
kind: "section"
citation: "34 C.F.R. § 79.9"
title: "34"
number: "79.9"
heading: "How does the Secretary receive and respond to comments?"
url: "https://uscodex.org/cfr/34/79.9"
---

# §79.9. How does the Secretary receive and respond to comments?

- (a) The Secretary follows the procedure in [§ 79.10](/cfr/34/79.10.md) if:
  - (1) A State office or official is designated to act as a single point of contact between a State process and all federal agencies, and
  - (2) That office or official transmits a State process recommendation, and identifies it as such, for a program selected under [§ 79.6](/cfr/34/79.6.md).
- (b)
  - (1) The single point of contact is not obligated to transmit comments from State, areawide, regional, or local officials and entities if there is no State process recommendation.
  - (2) If a State process recommendation is transmitted by a single point of contact, all comments from State, areawide, regional, and local officials and entities that differ from it must also be transmitted.
- (c) If a State has not established a process, or is unable to submit a State process recommendation, State, areawide, regional, and local officials and entities may submit comments to the Department.
- (d) If a program or activity is not selected for a State process, State, areawide, regional, and local officials and entities may submit comments to the Department. In addition, if a State process recommendation for a nonselected program or activity is transmitted to the Department by the single point of contact, the Secretary follows the procedures of [§ 79.10](/cfr/34/79.10.md).
- (e) The Secretary considers comments which do not constitute a State process recommendation submitted under these regulations and for which the Secretary is not required to apply the procedures of [§ 79.10](/cfr/34/79.10.md), if those comments are provided by a single point of contact, or directly to the Department by a commenting party.

## Notes

### Amendments

[48 FR 29166, June 24, 1983, as amended at 51 FR 20825, June 9, 1986; 89 FR 70343, Aug. 29, 2024]

### Authority

Authority: 31 U.S.C. 6506; 42 U.S.C. 3334; and E.O. 12372, unless otherwise noted. Section 79.2 also issued under E.O. 12372.

### Source

Source: 48 FR 29166, June 24, 1983, unless otherwise noted.

### Amendments

[48 FR 29166, June 24, 1983, as amended at 51 FR 20825, June 9, 1986; 89 FR 70343, Aug. 29, 2024]