CFR > Title 34 - Education > SUBTITLE B—Regulations of the Offices of the Department of Education > CHAPTER II—OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION (parts 200 to 299) > PART 222—IMPACT AID PROGRAMS > SUBPART J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act (§222.150 to §222.159) > 222.151—When is an administrative hearing provided to a local educational agency?

222.151—When is an administrative hearing provided to a local educational agency?

(a) Any local educational agency (LEA) that is adversely affected by the Secretary's (or the Secretary's delegatee's) action or failure to act upon the LEA's application under the Act or Pub. L. 81-874 is entitled to an administrative hearing in accordance with this subpart.
(b) An applicant is entitled to an administrative hearing under this subpart only if—
(1) The applicant files a written request for an administrative hearing within 30 days of its receipt of written notice of the adverse action; and
(2) The issues of fact or law specified in the hearing request are material to the determination of the applicant's rights and are not committed wholly to the discretion of the Secretary.

Code of Federal Regulations

(Authority: 20 U.S.C. 7711(a) )

Code of Federal Regulations

[60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35418, July 1, 1997]