CFR > Title 34 - Education > SUBTITLE A—Office of the Secretary, Department of Education > PART 21—EQUAL ACCESS TO JUSTICE > SUBPART E—What Procedures Are Used in Considering Applications? (§21.40 to §21.44) > 21.41—Answer to application.

21.41—Answer to application.

(a) (1) Within 30 days after receiving an application for an award under this part, the Department's counsel may file an answer to the application.
(2) The Department's counsel may request an extension of time for filing the Department's answer.
(3) The adjudicative officer shall grant the request for an extension if the Department's counsel shows good cause for the request.
(b) (1) The Department's answer must—
(i) Explain any objections to the award requested; and
(ii) Identify the facts relied on in support of the position of the Department.
(2) If the answer is based on any alleged facts not in the record of the adversary adjudication, the Department's counsel shall include with the answer either—
(i) Supporting affidavits; or
(ii) A request for further proceedings under § 21.44.
(c) (1) If the Department's counsel and the applicant believe that the issues in the application can be settled, they may jointly file a statement of their intent to negotiate a settlement.
(2) (i) The filing of a statement of an intent to negotiate extends the time for filing an answer for 30 days.
(ii) The adjudicative officer shall grant further extensions if the Department's counsel and the applicant jointly request those extensions.

Code of Federal Regulations

(Authority: 5 U.S.C. 504(c)(1) )