---
kind: "section"
citation: "34 C.F.R. § 81.2"
title: "34"
number: "81.2"
heading: "Definitions."
url: "https://uscodex.org/cfr/34/81.2"
---

# §81.2. Definitions.


The following definitions apply to the terms used in this part:

Administrative Law Judge (ALJ) means a judge appointed by the Secretary in accordance with section [451 (b)](/cfr/34/451.md?p=b) and [(c)](/cfr/34/451.md?p=c) of GEPA.

Applicable program means any program for which the Secretary of Education has administrative responsibility, except a program authorized by—

- (a) The Higher Education Act of 1965, as amended;
- (b) **The Act of September 30, 1950 (Pub.** L. 874, 81st Congress), as amended; or
- (c) **The Act of September 23, 1950 (Pub.** L. 815, 81st Congress), as amended.

  Department means the United States Department of Education.

  Disallowance decision means the decision of an authorized Departmental official that a recipient must return funds because it made an expenditure of funds that was not allowable or otherwise failed to discharge its obligation to account properly for funds. Such a decision, referred to as a “preliminary departmental decision” in [section 452](/cfr/34/452.md) of GEPA, is subject to review by the Office of Administrative Law Judges.

  OES means the OHA Electronic System or any successor system designated by the Department.

  Party means either of the following:

- (a) **A recipient that appeals a decision.**
- (b) **An authorized Departmental official who issues a decision that is appealed.** Recipient means the recipient of a grant or cooperative agreement under an applicable program.

  Secretary means the Secretary of the Department of Education or an official or employee of the Department acting for the Secretary under a delegation of authority.


## Notes

### Amendments

[54 FR 19512, May 5, 1989, as amended at 58 FR 43473, Aug. 16, 1993; 86 FR 52832, Sept. 23, 2021]

### Authority

Authority: 20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless otherwise noted.

### Source

Source: 54 FR 19512, May 5, 1989, unless otherwise noted.

### Amendments

[54 FR 19512, May 5, 1989, as amended at 58 FR 43473, Aug. 16, 1993; 86 FR 52832, Sept. 23, 2021]