---
kind: "section"
citation: "34 C.F.R. § 86.303"
title: "34"
number: "86.303"
heading: "What are the procedures used by the Secretary for issuing a response other than the formulation of a compliance agreement or the provision of information or technical assistance?"
url: "https://uscodex.org/cfr/34/86.303"
---

# §86.303. What are the procedures used by the Secretary for issuing a response other than the formulation of a compliance agreement or the provision of information or technical assistance?

- (a) If the Secretary intends to issue a response other than the formulation of a compliance agreement or the provision of information or technical assistance, the Secretary notifies the IHE in writing of—
  - (1) The Secretary's determination that there are grounds to issue a response other than the formulation of a compliance agreement or providing information or technical assistance; and
  - (2) **The response the Secretary intends to issue.**
- (b) An IHE may submit written comments to the Secretary on the determination under [paragraph (a)(1)](#a-1) of this section and the intended response under [paragraph (a)(2)](#a-2) of this section within 30 days after the date the IHE receives the notification of the Secretary's intent to issue a response.
- (c) Based on the initial notification and the written comments of the IHE the Secretary makes a final determination and, if appropriate, issues a final response.
- (d) The IHE shall inform the Secretary of the corrective action it has taken in order to comply with the terms of the Secretary's response within a period specified by the Secretary.
- (e) If an IHE does not comply with the terms of a response issued by the Secretary, the Secretary may issue an additional response or impose a sanction on the IHE in accordance with the procedures in [§ 86.304](/cfr/34/86.304.md).

## Notes

### Amendments

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]

### Authority

Authority: 20 U.S.C. 1145g, unless otherwise noted.

### Source

Source: 55 FR 33581, Aug. 16, 1990, unless otherwise noted.

### Amendments

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]