Current through October 31, 2024
Section 222.116 - How are withholding procedures initiated under this subpart?(a) If the Assistant Secretary decides to withhold an LEA's funds, the Assistant Secretary issues a written notice of intent to withhold the LEA's payments.(b) In the written notice, the Assistant Secretary-(1) Describes how the LEA failed to comply with the requirements at issue; and(2)(i) Advises an LEA that has participated in an IPP hearing that it may request, in accordance with § 222.117(c) , that its payments not be withheld; or(ii) Advises an LEA that has not participated in an IPP hearing that it may request a withholding hearing in accordance with § 222.117(d) .(c) The Assistant Secretary sends a copy of the written notice of intent to withhold payments to the LEA and the affected Indian tribe or tribes by certified mail with return receipt requested. Authority: 20 U.S.C. 7704 (a), (b), (d)(2), and (e) (8)-(9)