34 CFR §21.21
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The adjudicative officer shall determine an applicant's net worth and number of employees as of the date the adversary adjudication was initiated.
- (b)In determining eligibility, the adjudicative officer shall include the net worth and number of employees of the applicant and all of the affiliates of the applicant.
- (c)For the purposes of paragraph (b) of this section, the adjudicative officer shall consider the following as an affiliate:
- (1)Any individual, corporation, or other entity that directly or indirectly owns or controls a majority of the voting shares or other interest of the applicant;
- (2)Any corporation or other entity of which the applicant directly or indirectly owns or controls a majority of the voting shares or other interest; and
- (3)Any entity with a financial relationship to the applicant that, in the determination of the adjudicative officer, constitutes an affiliation for the purposes of paragraph (b) of this section.
- (d)In determining the number of employees of an applicant and its affiliates, the adjudicative officer shall count part-time employees on a proportional basis.