§ 99.66 Hearing before Panel or a Hearing Officer. A hearing pursuant to § 99.65(b)(2) shall be conducted, as determined by the Panel Chairman, either before the Panel or a hearing officer. The hearing officer may be (a) one of the members of the Panel or (b) a nonmember who is appointed as a hearing examiner under 5 U.S.C. 3105. (20 U.S.C. 1232g(g)) § 99.67 Initial decision; final decision. (a) The Panel shall prepare an initial written decision, which shall include findings of fact and conclusions based thereon. When a hearing is conducted before a hearing officer alone, the hearing officer shall separately find and state the facts and conclusions which shall be incorporated in the initial decision prepared by the Panel. (b) Copies of the initial decision shall be mailed promptly by the Panel to each party (or to the party's counsel), and to the Secretary with a notice affording the party an opportunity to submit written comments thereon to the Secretary within a specified reasonable time. (c) The initial decision of the Panel transmitted to the Secretary shall become the final decision of the Secretary, unless, within 25 days after the expiration of the time for receipt of written comments, the Secretary advises the Review Board in writing of his determination to review the decision. (d) In any case in which the Secretary modifies or reverses the initial decision of the Panel, he shall accompany that action with a written statement of the grounds for the modification or reversal, which shall promptly be filed with the Review Board. (e) Review of any initial decision by the Secretary shall be based upon the decision, the written record, if any, of the Panel's proceedings, and written comments or oral arguments by the parties, or by their counsel, to the proceedings. (f) No decision under this section shall become final until it is served upon the educational agency or institution involved or its attorney. (20 U.S.C. 1232g(g)) FINDING AIDS A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually. Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected 30 117 0-79-30 Table of CFR Titles and Chapters (As of October 1, 1978) Title 1-General Provisions Chap. I II III Administrative Committee of the Federal Register (Parts 0-49) Administrative Conference of the United States (Parts 300-399) IV Miscellaneous Agencies (Part 400-end) I Title 2-[Reserved] Title 3-The President Proclamations Executive Orders Presidential Documents Other Than Proclamations and Executive Orders Executive Office of the President (Parts 100 and 101) Title 4-Accounts I II III General Accounting Office (Parts 0-99) Federal Claims Collection Standards (General Accounting Cost Accounting Standards Board (Parts 300-499) Title 5-Administrative Personnel Civil Service Commission (Parts 0-1199) Advisory Committee on Federal Pay (Parts 1400-1499) The International Organizations Employees Loyalty Board (Parts 1500-1599) I III Office of Management and Budget (Parts 1300-1399) IV V VI VII IX XI XIV Department of Defense (Parts 1600-1699) Advisory Commission on Intergovernmental Relations (Parts 1700-1799) Appalachian Regional Commission (Parts 1900-1999) United States Soldiers' and Airmen's Home (Parts 2100-2199) |