---
kind: "section"
citation: "38 C.F.R. § 21.4212"
title: "38"
number: "21.4212"
heading: "Referral to Committee on Educational Allowances."
url: "https://uscodex.org/cfr/38/21.4212"
---

# §21.4212. Referral to Committee on Educational Allowances.

- (a) **Form and content of referral to Committee.** When the Director of the VA Regional Processing Office of jurisdiction refers a case to the Committee on Educational Allowances, as provided in [§ 21.4210(g)](/cfr/38/21.4210.md?p=g), the referral will be in writing and will—
  - (1) State the approval, reporting, recordkeeping, or other criteria of statute or regulation which the Director has cause to believe the educational institution has violated;
  - (2) Describe the substantial pattern of veterans, servicemembers, reservists, or eligible persons receiving educational assistance to which they are not entitled which the Director has cause to believe exists, if applicable;
  - (3) Outline the nature of the evidence relied on by the Director in reaching the conclusions of paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section;
  - (4) Describe the Director's efforts to obtain corrective action and the results of those efforts; and
  - (5) Ask the Committee on Educational Allowances to perform the functions described in §§ [21.4211](/cfr/38/21.4211.md), [21.4213](/cfr/38/21.4213.md), and [21.4214](/cfr/38/21.4214.md) and to recommend to the Director whether educational assistance payable to individuals pursuing the courses in question should be discontinued; approval of new enrollments should be denied; and/or payment to individuals for licensing or certification tests should be denied, as appropriate.
- (b) **Notice of the referral.**
  - (1) **At the time of referral the Director will—**
    - (i) Send notice of the referral, including a copy of the referral document, by certified mail to the educational institution. The notice will include statements that the Committee on Educational Allowances will conduct a hearing; that the educational institution has the right to appear before the Committee and be represented at the hearing to be scheduled; and that, if the educational institution intends to appear at the hearing, it must notify the Committee within 60 days of the date of mailing of the notice;
    - (ii) Provide an information copy of the notice and referral document to the State approving agency of jurisdiction; and
    - (iii) Place a copy of the notice and referral document on display at the VA Regional Processing Office of jurisdiction for review by any interested party or parties.
  - (2) The Director will provide a copy of the notice and referral document to the VA Regional Counsel, or designee, of jurisdiction, who will represent VA before the Committee on Educational Allowances.

## Notes

### Amendments

[63 FR 35834, July 1, 1998, as amended at 72 FR 16972, Apr. 5, 2007; 74 FR 14669, Mar. 31, 2009]

### Authority

Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 30, 32, 33, 34, 35, 36, and as noted in specific sections.

### Source

Source: 31 FR 6774, May 6, 1966, unless otherwise noted.

### Amendments

[63 FR 35834, July 1, 1998, as amended at 72 FR 16972, Apr. 5, 2007; 74 FR 14669, Mar. 31, 2009]