28.625—Decisions and notices.
(a)
Decisions by hearing
officers. After a hearing is held by a hearing
officer such hearing officer shall either make an
initial decision, if so authorized, or certify the
entire record including recommended findings and
proposed decision to the reviewing authority for a
final decision, and a copy of such initial
decision or certification shall be mailed to the
applicant or recipient and to the complainant, if
any. Where the initial decision referred to in
this paragraph or in paragraph (c) of this section
is made by the hearing officer, the applicant or
recipient or the counsel for the Department may,
within the period provided for in the rules of
procedure issued by the designated agency
official, file with the reviewing authority
exceptions to the initial decision, with the
reasons therefor. Upon the filing of such
exceptions the reviewing authority shall review
the initial decision and issue its own decision
thereof including the reasons therefor. In the
absence of exceptions the initial decision shall
constitute the final decision, subject to the
provisions of paragraph (e) of this section.
(b)
Decisions on record or review by
the reviewing authority. Whenever a record is
certified to the reviewing authority for decision
or it reviews the decision of a hearing officer
pursuant to paragraph (a) or (c) of this section,
the applicant or recipient shall be given
reasonable opportunity to file with it briefs or
other written statements of its contentions, and a
copy of the final decision of the reviewing
authority shall be given in writing to the
applicant or recipient and to the complainant, if
any.
(c)
Decisions on record where a
hearing is waived. Whenever a hearing is
waived pursuant to § 28.620, the reviewing
authority shall make its final decision on the
record or refer the matter to a hearing officer for an initial decision to be
made on the record. A copy of such decision shall
be given in writing to the applicant or recipient,
and to the complainant, if any.
(d) Rulings required.
Each
decision of a hearing officer or reviewing
authority shall set forth a ruling on each
finding, conclusion, or exception presented, and
shall identify the requirement or requirements
imposed by or pursuant to these Title IX
regulations with which it is found that the
applicant or recipient has failed to comply.
(e)
Review in certain cases by the
Secretary of the Treasury. If the Secretary
has not personally made the final decision
referred to in paragraph (a), (b), or (c) of this
section, a recipient or applicant or the counsel
for the Department may request the Secretary to
review a decision of the reviewing authority in
accordance with rules of procedure issued by the
designated agency official. Such review is not a
matter of right and shall be granted only where
the Secretary determines there are special and
important reasons therefor. The Secretary may
grant or deny such request, in whole or in part.
The Secretary also may review such a decision upon
his own motion in accordance with rules of
procedure issued by the designated agency
official. In the absence of a review under this
paragraph (e), a final decision referred to in
paragraph (a), (b), or (c) of this section shall
become the final decision of the Department when
the Secretary transmits it as such to
congressional committees with the report required
under 20 U.S.C. 1682. Failure of an applicant or
recipient to file an exception with the reviewing
authority or to request review under this
paragraph (e) shall not be deemed a failure to
exhaust administrative remedies for the purpose of
obtaining judicial review.
(f) Content of orders.
The final
decision may provide for suspension or termination
of, or refusal to grant or continue Federal
financial assistance, in whole or in part, to
which these Title IX regulations apply, and may
contain such terms, conditions, and other
provisions as are consistent with and will
effectuate the purposes of Title IX and these
Title IX regulations, including provisions
designed to assure that no Federal financial
assistance to which these Title IX regulations
apply will thereafter be extended under such law
or laws to the applicant or recipient determined
by such decision to be in default in its
performance of an assurance given by it pursuant
to these Title IX regulations, or to have
otherwise failed to comply with these Title IX
regulations unless and until it corrects its
noncompliance and satisfies the designated agency
official that it will fully comply with these
Title IX regulations.
(g) Post-termination proceedings.
(1)
An applicant or recipient adversely affected
by an order issued under paragraph (f) of this
section shall be restored to full eligibility to
receive Federal financial assistance if it
satisfies the terms and conditions of that order
for such eligibility or if it brings itself into
compliance with these Title IX regulations and
provides reasonable assurance that it will fully
comply with these Title IX regulations. An
elementary or secondary school or school system
that is unable to file an assurance of compliance
shall be restored to full eligibility to receive
Federal financial assistance if it files a court
order or a plan for desegregation that meets the
applicable requirements and provides reasonable
assurance that it will comply with the court order
or plan.
(2)
(g)
licant or recipient adversely
affected by an order entered pursuant to paragraph
(f) of this section may at any time request the
designated agency official to restore fully its
eligibility to receive Federal financial
assistance. Any such request shall be supported by
information showing that the applicant or
recipient has met the requirements of paragraph
(g)(1) of this section. If the designated agency
official determines that those requirements have
been satisfied, the official shall restore such
eligibility.
(3)
If the designated agency official denies
any such request, the applicant or recipient may
submit a request for a hearing in writing,
specifying why it believes such official to have
been in error. It shall thereupon be given an
expeditious hearing, with a decision on the
record, in accordance with rules of procedure
issued by the designated agency
official. The applicant or recipient will be
restored to such eligibility if it proves at such
hearing that it satisfied the requirements of
paragraph (g)(1) of this section. While
proceedings under this paragraph (g) are pending,
the sanctions imposed by the order issued under
paragraph (f) of this section shall remain in
effect.