Page:United States Statutes at Large Volume 102 Part 1.djvu/393

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 355

Office may thereupon make new or modified findings of fact and may modify its previous action. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(f) The decision of the Office in any hearing under this section shall become final agency action 60 days after the recipient receives written notice of the decision unless the Secretary either— "(1) modifies or sets aside the decision, in whole or in part, in which case the decision of the Secretary shall become final agency action when the recipient receives written notice of the Secretary's action; or "(2) remands the decision of the Office. "SEC. 456. CEASE AND DESIST ORDERS.

20 USC 1234e.

"(a) In accordance with section 454, the Secretary may issue to a recipient under an applicable program a complaint which— "(1) describes the factual and legal basis for the Secretary's belief that the recipient is failing to comply substantially with a requirement of law; and "(2) contains a notice of a hearing to be held before the Office on a date at least 30 days after the service of the complaint. "(b) The recipient upon which a complaint has been served shall have the right to appear before the Office on the date specified and to show cause why an order should not be entered by the Office requiring the recipient to cease and desist from the violation of law charged in the complaint. "(c) The testimony in any hearing held under this section shall be reduced to writing and filed with the Office. If upon that hearing the Office is of the opinion that the recipient is in violation of any requirement of law as charged in the complaint, the Office shall— "(1) make a report in writing stating its findings of fact; and Reports. "(2) issue to the recipient an order requiring the recipient to cease and desist from the practice, policy, or procedure which resulted in the violation. "(d) The report and order of the Office under this section shall become the final agency action when the recipient receives the report and order. "(e) The Secretary may enforce a final order of the Office under this section which becomes final agency action by— "(1) withholding from the recipient any portion of the amount payable to it, including the amount payable for administrative costs, under the applicable program; or "(2) certifying the facts to the Attorney General who shall cause an appropriate proceeding to be brought for the enforcement of the order. "SEC. 457. COMPLIANCE AGREEMENTS.

"(a) In accordance with section 454, the Secretary may enter into a compliance agreement with a recipient under an applicable program. The purpose of any compliance agreement under this section shall be to bring the recipient into full compliance with the applicable requirements of law as soon as feasible and not to excuse or remedy past violations of such requirements. "(b)(1) Before entering into a compliance agreement with a recipient, the Secretary shall hold a hearing at which the recipient, affected students and parents or their representatives, and other interested parties are invited to participate. The recipient shall have

20 USC 1234f.

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