Section 220. Appeal procedures for CILs

A. This subsection is applicable to centers receiving funds under § 723 of the Act. To obtain the Secretary of the U.S. Department of Education review of a director's final written decision to disapprove a center's corrective action plan submitted under subdivision C 1 of 22VAC30-30-211, the center shall file, within 30 days from receipt of the director's final written decision, a formal written appeal with the secretary giving the reasons why the center believes that the director should have approved the center's corrective action plan. For purposes of this section, in the case of a state in which there is both a DSU responsible for providing IL services to the general population and a DSU responsible for providing IL services for individuals who are blind, the "director" shall be the director of the general DSU. These DSUs shall periodically consult with each other with respect to the provision of services for individuals who are blind.

B. This subsection is applicable to centers receiving funds under § 723 of the Act. To obtain the Secretary of the U.S. Department of Education's review of a decision described in a director's initial written notice, a center that does not submit a corrective action plan to a director shall file, in accordance with subdivision C 1 a (1) of this section, a formal written appeal with the secretary giving the reasons why the center believes that the director should have found the center in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181.

C. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. To appeal to the Secretary of the U.S. Department of Education a decision described in a director's initial written notice or a director's final written decision to disapprove a center's corrective action plan and to terminate or take other significant adverse action:

1. A center shall file with the secretary:

a. A formal written appeal:

(1) On or after the 90th day but not later than the 120th day following a center's receipt of a director's initial written notice; or

(2) On or before the 30th day after a center's receipt of the director's final written decision to disapprove a center's corrective action plan and to terminate or take other significant adverse action;

b. A copy of the corrective action plan, if any, submitted to the director; and

c. One copy each of any other written submissions sent to the director in response to the director's initial written notice to terminate funds or take other significant adverse action against the center.

2. The date of filing a formal written appeal to the secretary is determined in a manner consistent with the requirements of 34 CFR 81.12.

3. If the center files a formal written appeal with the secretary, the center shall send a separate copy of the appeal to the director by registered or certified mail, return receipt requested, or other means that provide a record that the director received a separate copy of the center's written appeal.

4. The center's formal written appeal to the secretary must state why:

a. The director has not met the burden of showing that the center is not in compliance with the standards and assurances in § 725(b) and (c) of the Act, 22VAC30-30-171, and 22VAC30-30-181; and

b. The corrective action plan, if any, should have been approved; or

c. The director has not met the procedural requirements of subsection B of 22VAC30-30-211 and subsections A through E of this section.

5. As part of its submissions, the center may request an informal meeting with the secretary at which representatives of both parties will have an opportunity to present their views on the issues raised in the appeal.

D. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. A director's decision to terminate funds that is described in an initial written notice or final written decision is stayed as of the date (determined under subdivision C 2 of this section) that the center files a formal written appeal with the secretary.

E. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. If the center files a formal written appeal in accordance with subsection C of this section, the director shall, within 15 days of receipt of the center's appeal, submit to the secretary one copy each of the following:

1. The director's initial written notice to terminate funds or take any other significant adverse action against the center sent to the center.

2. The director's final written decision, if any, to disapprove the center's corrective action plan and to terminate the center's funds or take any other significant adverse action against the center.

3. Any other written documentation or submissions the director wishes the secretary to consider.

4. Any other information requested by the secretary.

5. As part of its submissions, the director may request an informal meeting with the secretary at which representatives of both parties will have an opportunity to present their views on the issues raised in the appeal.

F. This subsection is applicable to centers receiving funds under § 723 of the Act and subsection D of 22VAC30-30-131. If either party requests a meeting under subdivisions C 5 or E 5 of this section, the meeting is to be held within 30 days of the date of the secretary's receipt of the submissions from the director that are required by subsection E of this section. The secretary promptly notifies the parties of the date and place of the meeting.

1. Within 30 days of the informal meeting or, if neither party has requested an informal meeting, within 60 days of the date of receipt of the submissions required from the director by subsection E of this section, the secretary issues to the parties the secretary's decision.

2. The secretary reviews a decision included in a director's initial written notice or a director's final written decision to disapprove the center's corrective action plan and to terminate the center's funds or take any other significant adverse action against the center based on the record submitted under subsections C and E of this section and may affirm or, if the secretary finds that the decision included in a director's initial written notice or a director's final written decision is not supported by the evidence or is not in accordance with the law, may:

a. Remand the appeal for further findings; or

b. Reverse the decision described in the director's initial written notice or the director's final written decision.

3. The secretary sends copies of the decision to the parties by registered or certified mail, return receipt requested, or other means that provide a record of receipt by both parties.

4. If the secretary affirms the decision described in a director's initial written notice or the director's final written decision, the director's decision takes effect on the date of the secretary's final decision to affirm.

Historical Notes

Derived from VR595-02-1 § 22, eff. November 1, 1987; amended, Volume 20, Issue 09, eff. February 11, 2004.

Statutory Authority

§ 51.5-14 of the Code of Virginia.