Page:United States Statutes at Large Volume 92 Part 2.djvu/1067

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2347

"PART E—ENFORCEMENT "EDUCATION APPEAL BOARD

"SEC. 451. (a) The Commissioner shall establish in the Office of Education an Education Appeal Board (hereinafter in this part referred to as the 'Board') the functions of which shall be to conduct— "Tl^ audit appeal hearings pursuant to section 452 of this Act, "(2) withholding hearings pursuant to section 453 of this Act, "(3) cease and desist hearings pursuant to section 454 of this Act, and " (4) other proceedings designated by the Commissioner. "(b) The members of the Board shall be designated by the Secretary, in consultation with the Assistant Secretary for Education and the Commissioner, and may include individuals who are officers or employees of the United States, as well as individuals who are not fulltime employees of the Federal Government. "(c) The Board shall be composed of not less than fifteen nor more than thirty members, of whom no more than one-third shall be officers or employees of the Department. The Secretary shall designate one of the members of the Board to be the Chairman. "(d) For the purposes of conducting hearings as provided in subsection (a) the Chairman may appoint hearing panels of not less than three members of the Board, or the Chairman may designate the entire Board to sit as a panel for any case or class of cases. On any such panel— "(1) the majority of members shall not be individuals in the full-time employment of the Federal Government, "(2) the membership shall not include any individual who is a party to, or has any responsibility for, any particular matter assigned to that panel, and "(3) the Chairman of the Board shall designate one member of each such panel to be the presiding officer. "(e) The proceedings of the Board shall be conducted according to such rules as the Commissioner shall prescribe by regulation in conformance with the rules relating to hearings in title 5, United States Code, sections 554, 556, and 557 respecting— "(1) the receipt of oral or written testimony, " (2) notice of the issues to be considered, " (3^ the right to counsel, " (4) intervention of third parties, "(5) transcripts of proceedings, and "(6) such other matters as may be necessary to carry out the functions of the Board. "(f) If there has been established within the Department of Health, Education, and Welfare an appeal board which the Commissioner determines is capable of carrying out the functions of the Board established under this section, he may, with the approval of the Secretary, designate such Department appeal board to carry out the functions of this section. ((AUDIT DETERMINATIONS

Establishment and functions.

452. (a) Whenever the Commissioner determines that an expenditure not allowable under a program listed in section 435(a) of this title, or conducted under title VI and title VII of the Elementary and Secondary Education Act of 1965 or under the Emergency School Aid Act, has been made by a State or by a local educational agency, or

Notification. 20 USC 1234a. Ante, p. 2343. Ante, pp. 2252, 2268. Ante, p. 2252.

"SEC._

20 USC 1234.

Membership.

Chairman. Hearing panels.

Appeal board, designation.

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