State educational agency action-subgrantee's opportunity for a hearing.

§ 76.783 State educational agency action—subgrantee's opportunity for a hearing. (a) A subgrantee may request a hearing if it alleges that any of the following actions by the State educational agency violated a State or Federal statute or regulation: (1) Ordering, in accordance with a final State audit resolution determination, the repayment of misspent or misapplied Federal funds; or (2) Terminating further assistance for an approved project. (b) The procedures in § 76.401(d)(2)–(7) apply to any request for a hearing under this section. Note: This section is based on a provision in the General Education Provisions Act (GEPA). Section 427 of the Department of Education Organization Act (DEOA), 20 U.S.C. 3487, provides that except to the extent inconsistent with the DEOA, the GEPA “shall apply to functions transferred by this Act to the extent applicable on the day preceding the effective date of this Act.” Although standardized nomenclature is used in this section to reflect the creation of the Department of Education, there is no intent to extend the coverage of the GEPA beyond that authorized under section 427 or other applicable law. (Authority: 20 U.S.C. 1231b–2) [45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86296, Dec. 30, 1980; 57 FR 30342, July 8, 1992]