Page:United States Statutes at Large Volume 102 Part 1.djvu/392

 102 STAT. 354

PUBLIC LAW 100-297—APR. 28, 1988

such officer had examined the proposed expenditure or practice and believed the proposed expenditure or practice was permissible under then applicable State and Federal law; and "(C) the State or local educational agency reasonably believed that the proposed expenditure or practice was permissible under then applicable State and Federal law. "(6) The Secretary shall disseminate to State educational agencies responses to written requests for guidance, described in paragraph (5), that reflect significant interpretations of applicable law or policy. "(c) The Secretary shall periodically review the written requests for guidance submitted under this section to determine the need for new or supplementary regulatory or other guidance under applicable programs. 20 USC 1234c.

"SEC. 454. REMEDIES FOR EXISTING VIOLATIONS.

"(a) Whenever the Secretary has reason to believe that any recipient of funds under any applicable program is failing to comply substantially with any requirement of law applicable to such funds, the Secretary may— "(1) withhold further payments under that program, as authorized by section 455; "(2) issue a complaint to compel compliance through a cease and desist order of the Office, as authorized by section 456; "(3) enter into a compliance agreement with a recipient to bring it into compliance, as authorized by section 457; or "(4) take any other action authorized by law with respect to the recipient. "(b) Any action, or failure to take action, by the Secretary under this section shall not preclude the Secretary from seeking a recovery of funds under section 452. 20 USC 1234d.

"SEC. 455. WITHHOLDING.

"(a) In accordance with section 454, the Secretary may withhold from a recipient, in whole or in part, further pa5nnents (including payments for administrative costs) under an applicable program. (b) Before withholding payments, the Secretary shall notify the recipient, in writing, of— "(1) the intent to withhold payments; "(2) the factual and legal basis for the Secretary's belief that the recipient has failed to comply substantially with a requirement of law; and "(3) an opportunity for a hearing to be held on a date at least 30 days after the notification has been sent to the recipient. "(c) The hearing shall be held before the Office and shall be conducted in accordance with the rules prescribed pursuant to subsections (f) and (g) of section 451 of this Act. "(d) Pending the outcome of any hearing under this section, the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate Federal funds, or both, after such recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate Federal funds should not be suspended. "(e) Upon review of a decision of the Office by the Secretary, the findings of fact by the Office, if supported by substantial evidence, shall be conclusive. However, the Secretary, for good cause shown, may remand the case to the Office to take further evidence, and the

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