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Code · CFR · Title 34 — Education · Part 303 · § 303.231

§ 303.231. Notice and hearing before determining that a State is not eligible.

175 words·~1 min read·/us/cfr/t34/s§ 303.231·

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(a)General.
(1)The Secretary does not make a final determination that a State is not eligible to receive a grant under part C of the Act until providing the State---
(i)Reasonable notice; and
(ii)An opportunity for a hearing.
(2)In implementing paragraph (a)(1)(i) of this section, the Secretary sends a written notice to the lead agency by certified mail with a return receipt requested.
(b)Content of notice. In the written notice described in paragraph (a)(2) of this section, the Secretary---
(1)States the basis on which the Secretary proposes to make a final determination that the State is not eligible;
(2)May describe possible options for resolving the issues;
(3)Advises the lead agency that it may request a hearing and that the request for a hearing must be made not later than 30 days after it receives the notice of the proposed final determination that the State is not eligible; and
(4)Provides the lead agency with information about the hearing procedures that will be followed. (Authority: 20 U.S.C. 1437(c))
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§ 303.231
Notice and hearing before determining that a State is not eligible.
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