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(a) If a party seeks to obtain the Secretary's review of the initial decision of an ALJ, the party shall file a petition for review with the Office of Hearings and Appeals, which immediately forwards the petition to the Office of the Secretary.
(b) A party shall file a petition for review not later than 30 days after the date it receives the initial decision.
(c) If a party files a petition for review, the party shall serve a copy of the petition on the other party on the filing date by hand delivery or by “overnight or express” mail. If agreed upon by the parties, service of a copy of the petition may be made upon the other party by facsimile transmission.
(d) Any written submission to the Secretary under this section must be accompanied by a statement certifying the date that the filed material was served on the other party.
(e) A petition for review of an initial decision must contain—
(1) The identity of the initial decision for which review is sought; and
(2) A statement of the reasons asserted by the party for affirming, modifying, setting aside, or remanding the initial decision in whole or in part.
(f)(1) A party may respond to a petition for review of an initial decision by filing a statement of its views on the issues raised in the petition with the Secretary, as provided for in this section, not later than 15 days after the date it receives the petition.
(2) A party shall serve a copy of its statement of views on the other party by hand delivery or mail, and shall certify that it has done so pursuant to the provisions of paragraph (d) of this section. If agreed upon by the parties, service of a copy of the statement of views may be made upon the other party by facsimile transmission.
(g)(1) The filing date for written submissions under this section is the date the document is—
(i) Hand delivered;
(ii) Mailed; or
(iii) Sent by facsimile transmission.
(2) If a scheduled filing date falls on a Saturday, Sunday or a Federal holiday, the filing deadline is the next business day.
(Authority: 20 U.S.C. 1221e–3, 1234(f)(1), 1234a(e), and 3474(a))
Cite this article: FindLaw.com - Code of Federal Regulations Title 34. Education § 34.81.42 Petition for review of initial decision - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-34-education/cfr-sect-34-81-42/
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