§ 222.116. How are withholding procedures initiated under this subpart?
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/us/cfr/t34/s§ 222.116·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If the Assistant Secretary decides to withhold an LEA's funds, the Assistant Secretary issues a written notice of intent to withhold the LEA's payments.
(b)In the written notice, the Assistant Secretary---
(1)Describes how the LEA failed to comply with the requirements at issue; and (2)(i) Advises an LEA that has participated in an IPP hearing that it may request, in accordance with § 222.117(c), that its payments not be withheld; or
(ii)Advises an LEA that has not participated in an IPP hearing that it may request a withholding hearing in accordance with § 222.117(d).
(c)The Assistant Secretary sends a copy of the written notice of intent to withhold payments to the LEA and the affected Indian tribe or tribes by certified mail with return receipt requested. (Authority: 20 U.S.C. 7704 (a), (b), (d)(2), and
(e)(8)-(9))
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§ 222.116
How are withholding procedures initiated under this subpart?
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