Rule2022-04201
Standardizing Filing Procedures for Administrative Appeals; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 1, 2022
Effective
March 1, 2022
Issuing agencies
Education Department
Abstract
On September 23, 2021, the Department of Education published in the Federal Register final regulations for Standardizing Filing Procedures for Administrative Appeals. This document corrects an error to the regulatory text in the final regulations.
Full Text
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<title>Federal Register, Volume 87 Issue 40 (Tuesday, March 1, 2022)</title>
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[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Rules and Regulations]
[Pages 11309-11310]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04201]
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DEPARTMENT OF EDUCATION
34 CFR Part 81
[Docket ID ED-2021-OFO-0121]
RIN 1880-AA91
Standardizing Filing Procedures for Administrative Appeals;
Correction
AGENCY: Office of Finance and Operations, Department of Education.
ACTION: Technical amendment.
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SUMMARY: On September 23, 2021, the Department of Education published
in the Federal Register final regulations for Standardizing Filing
Procedures for Administrative Appeals. This document corrects an error
to the regulatory text in the final regulations.
DATES: The correction to these final regulations is effective March 1,
2022.
[[Page 11310]]
FOR FURTHER INFORMATION CONTACT: George Abbott, 400 Maryland Avenue SW,
Room 10089, Potomac Center Plaza, Washington, DC 20202. Telephone:
(202) 245-8300. Email: <a href="/cdn-cgi/l/email-protection#5f183a302d383a711e3d3d302b2b1f3a3b71383029"><span class="__cf_email__" data-cfemail="0146646e7366642f4063636e75754164652f666e77">[email protected]</span></a>.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: This document corrects an error in FR Doc.
2021-20304 that published in the Federal Register on September 23, 2021
(86 FR 52829). Due to a technical error, paragraph (b)(3) was not added
to 34 CFR 81.20. This technical amendment adds paragraph (b)(3) to
Sec. 81.20.
Waiver of Proposed Rulemaking
In accordance with the Administrative Procedure Act, 5 U.S.C. 553,
it is the Secretary's practice to offer interested parties the
opportunity to comment on proposed regulations. However, the regulatory
changes in this document are necessary to correct an error and do not
establish any new substantive rules. Therefore, the Secretary has
determined that publication of a proposed rule is unnecessary under 5
U.S.C. 553(b)(B).
Accessible Format: On request to the contact person listed under
FOR FURTHER INFORMATION CONTACT, individuals with disabilities can
obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or another accessible
format.
Electronic Access to This Document: The official version of this
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access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
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by the Department.
List of Subjects in 34 CFR Part 81
Administrative practice and procedure, Grant programs--education.
Denise L. Carter,
Acting Assistant Secretary, Office of Finance and Operations.
For the reasons set out in the preamble to FR Doc. 2021-20304,
published in the Federal Register on September 23, 2021 (86 FR 52829),
the Department of Education makes the following technical amendment to
34 CFR part 81.
PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT
0
1. The authority citation for part 81 continues to read as follows:
Authority: 20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless
otherwise noted.
0
2. Amend Sec. 81.20 by:
0
a. Adding paragraph (b)(3); and
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b. Removing the parenthetical authority citation at the end of the
section.
The addition reads as follows:
Sec. 81.20 Interlocutory appeals to the Secretary from rulings of an
ALJ.
* * * * *
(b) * * *
(3)(i) The petition must be filed electronically, and served upon
the ALJ and other parties, by submission to OES on behalf of the Office
of the Secretary unless a party shows the Secretary good cause why the
petition cannot be filed electronically.
(ii) If the Secretary permits a party to file a petition in paper
format, the filing party must file the petition with the Office of
Hearings and Appeals (OHA) on behalf of the Secretary by hand-delivery
or regular mail. The filing party must provide a copy of the petition
to the ALJ at the time the petition is filed, and a copy of the
petition must be served upon the other parties by hand-delivery or
regular mail.
* * * * *
[FR Doc. 2022-04201 Filed 2-28-22; 8:45 am]
BILLING CODE 4000-01-P
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