34 CFR 76.671 - Notice by the Secretary.
(a) Before taking any final action to implement a bypass under a program listed in § 76.670, the Secretary provides the affected grantee and subgrantee, if appropriate, with written notice.
(b) In the written notice, the Secretary -
(1) States the reasons for the proposed bypass in sufficient detail to allow the grantee and subgrantee to respond;
(2) Cites the requirement that is the basis for the alleged failure to comply; and
(3) Advises the grantee and subgrantee that they -
(i) Have at least 45 days after receiving the written notice to submit written objections to the proposed bypass; and
(ii) May request in writing the opportunity for a hearing to show cause why the bypass should not be implemented.
(c) The Secretary sends the notice to the grantee and subgrantee by certified mail with return receipt requested.