2015 US Code
Title 20 - Education (Sections 1 - 10013)
Chapter 31 - General Provisions Concerning Education (Sections 1221 - 1235g)
Subchapter IV - Enforcement (Sections 1234 - 1234i)
Sec. 1234d - Withholding
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 20 - EDUCATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 20 - EDUCATION CHAPTER 31 - GENERAL PROVISIONS CONCERNING EDUCATION SUBCHAPTER IV - ENFORCEMENT Sec. 1234d - Withholding |
Contains | section 1234d |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 90-247, title IV, §455, as added Pub. L. 95-561, title XII, §1232, Nov. 1, 1978, 92 Stat. 2350; amended Pub. L. 100-297, title III, §3501(a), Apr. 28, 1988, 102 Stat. 354. |
Statutes at Large References | 92 Stat. 2350 102 Stat. 354 |
Public and Private Laws | Public Law 90-247, Public Law 95-561, Public Law 100-297 |
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In accordance with section 1234c of this title, the Secretary may withhold from a recipient, in whole or in part, further payments (including payments for administrative costs) under an applicable program.
(b) Notice requirementsBefore withholding payments, the Secretary shall notify the recipient, in writing, of—
(1) the intent to withhold payments;
(2) the factual and legal basis for the Secretary's belief that the recipient has failed to comply substantially with a requirement of law; and
(3) an opportunity for a hearing to be held on a date at least 30 days after the notification has been sent to the recipient.
(c) HearingThe hearing shall be held before the Office and shall be conducted in accordance with the rules prescribed pursuant to subsections (f) and (g) of section 1234 of this title.
(d) Suspension of payments, authorities, etc.Pending the outcome of any hearing under this section, the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate Federal funds, or both, after such recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate Federal funds should not be suspended.
(e) Findings of factUpon review of a decision of the Office by the Secretary, the findings of fact by the Office, if supported by substantial evidence, shall be conclusive. However, the Secretary, for good cause shown, may remand the case to the Office to take further evidence, and the Office may thereupon make new or modified findings of fact and may modify its previous action. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(f) Final agency actionThe decision of the Office in any hearing under this section shall become final agency action 60 days after the recipient receives written notice of the decision unless the Secretary either—
(1) modifies or sets aside the decision, in whole or in part, in which case the decision of the Secretary shall become final agency action when the recipient receives written notice of the Secretary's action; or
(2) remands the decision of the Office.
(Pub. L. 90–247, title IV, §455, as added Pub. L. 95–561, title XII, §1232, Nov. 1, 1978, 92 Stat. 2350; amended Pub. L. 100–297, title III, §3501(a), Apr. 28, 1988, 102 Stat. 354.)
AMENDMENTS1988—Pub. L. 100–297 amended section generally, substituting provisions relating to withholding for provisions relating to judicial review. See section 1234g of this title.
EFFECTIVE DATE OF 1988 AMENDMENTAmendment by Pub. L. 100–297 effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as a note under section 1234 of this title.
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