20 U.S. Code § 1234e - Cease and desist orders
(a) Issuance and contents of complaint
In accordance with section 1234c of this title, 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
(b) Appearance contesting order
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) Report; issuance of cease and desist order
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—
(d) Report and order as final agency action
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) Enforcement of final order
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
Source(Pub. L. 90–247, title IV, § 456, as added Pub. L. 95–561, title XII, § 1232,Nov. 1, 1978, 92 Stat. 2351; amended Pub. L. 100–297, title III, § 3501(a),Apr. 28, 1988, 102 Stat. 355.)
1988—Pub. L. 100–297amended section generally, substituting provisions relating to cease and desist orders for provisions relating to use of recovered funds. See section 1234h of this title.
Effective Date of 1988 Amendment
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