1. LawStack
  2. Title 34 - Education
  3. Subtitle A - Office of the Secretary, Department of Education
  4. Part 81 - General Education Provisions Act—Enforcement
  5. Subpart B - Hearings for Recovery of Funds
  6. 34 CFR § 81.39
34 CFR § 81.39
Submission of evidence
August 2, 2023
CFR

§ 81.39 Submission of evidence.

(a) The ALJ schedules the submission of the evidence, whether oral or documentary, to occur within 90 days of the OALJ's receipt of an acceptable application for review under § 81.37.

(b) The ALJ may waive the 90-day requirement for good cause.

(Authority: 5 U.S.C. 556(d); 20 U.S.C. 1221e–3, 1234(f)(1), 1234a(c), and 3474(a))

[54 FR 19512, May 5, 1989. Redesignated and amended at 58 FR 43473, Aug. 16, 1993]

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§ 81.38 Consideration of an application for review
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§ 81.40 Burden of proof

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