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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.1.3.11.0.1.1 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.1 Purpose and scope. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 71 FR 68729, Nov. 28, 2006; 79 FR 76046, Dec. 19, 2014; 80 FR 5007, Jan. 30, 2015] | This part sets forth the policies and procedures applicable to the award and administration of grants and cooperative agreements by DOE (through the Office of Environment, Health Safety and Security or any office to which its functions are subsequently redelegated) for health related research, education/training, conferences, communication, and related activities. | |||||
| 10:10:5.0.1.3.11.0.1.10 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.10 Additional requirements. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 71 FR 68730, Nov. 28, 2006; 80 FR 5007, Jan. 30, 2015; 88 FR 41292, June 26, 2023] | (a) A recipient performing research or related activities involving the use of human subjects must comply with DOE regulations in 10 CFR part 745, “Protection of Human Subjects,” and any additional provisions that may be included in the special terms and conditions of an award. (b) A recipient performing research involving recombinant DNA molecules and/or organisms and viruses containing recombinant DNA molecules shall comply with the National Institutes of Health “Guidelines for Research Involving Recombinant DNA Molecules” (51 FR 16958, May 7, 1986), or such later revision of those guidelines, as may be published in the Federal Register. (The guidelines are available from the Office of Recombinant DNA Activities, National Institutes of Health, Building 31, Room BBB, Bethesda, MD 20892, or from the Office of Domestic and International Health Studies, EHSS-13, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585. (c) A recipient performing research on warm-blooded animals shall comply with the Federal Laboratory Animal Welfare Act of 1966, as amended (7 U.S.C. 2131 et seq. ), and the regulations promulgated thereunder by the Secretary of Agriculture at 9 CFR chapter I, subchapter A, pertaining to the care, handling, and treatment of warm-blooded animals held or used for research, teaching, or other activities supported by Federal awards. The recipient shall comply with the guidelines described in the Department of Health and Human Services Publication No. [NIH] 86-23, “Guide for the Care and Use of Laboratory Animals,” or succeeding revised editions. (This guide is available from the Office for Protection from Research Risks, Office of the Director, National Institutes of Health, Building 31, Room 4B09, Bethesda, MD 20892, or from the Office of Domestic and International Health Studies, EHSS-13, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585. | |||||
| 10:10:5.0.1.3.11.0.1.11 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.11 Funding. | DOE | (a) The project period during which DOE expects to provide support for an approved project under this part shall generally not exceed 3 years and may exceed 5 years only if DOE makes a renewal award or otherwise extends the award. The project period shall be specified on the Notice of Financial Assistance Grant (DOE Form 4600.1). (b) Each budget period of an award under this part shall generally be 12 months and may be as much as 24 months, as DOE deems appropriate. | ||||||
| 10:10:5.0.1.3.11.0.1.12 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.12 Cost sharing. | DOE | Cost sharing is not required, nor will it be considered, as a criterion in the evaluation and selection process unless otherwise provided under § 602.9(d)(5). | ||||||
| 10:10:5.0.1.3.11.0.1.13 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.13 Limitation of DOE liability. | DOE | Awards made under this part are subject to the requirement that the maximum DOE obligation to the recipient is the amount shown in the Notice of Financial Assistance Award as the amount of DOE funds obligated. DOE shall not be obligated to make any additional, supplemental, continuation, renewal, or other award for the same or any other purpose. | ||||||
| 10:10:5.0.1.3.11.0.1.14 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.14 Fee. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 79 FR 76046, Dec. 19, 2014] | (a) Notwithstanding 2 CFR part 200 as amended by 2 CFR part 910, a fee may be paid, in appropriate circumstances, to a recipient that is a small business concern, as qualified under the criteria and size standards of 13 CFR part 121, in order to permit the concern to participate in the Epidemiology and Other Health Studies Financial Assistance Program. Whether or not it is appropriate to pay a fee shall be determined by the contracting officer, who shall, at a minimum, apply the following guidelines: (1) Whether the acceptance of an award will displace other work that the small business is currently engaged in or committed to assume in the near future; or (2) Whether the acceptance of an award will, in the absence of paying a fee, cause substantial financial distress to the business. In evaluating financial distress, the contracting officer shall balance current displacement against reasonable future benefit to the company. (If the award will result in the beneficial expansion of the existing business base of the company, then no fee would generally be appropriate.) Fees shall not be paid to other entities except as a deviation from 2 CFR part 200 as amended by 2 CFR part 910, nor shall fees be paid under awards in support of conferences. (b) To request a fee, a small business concern shall submit with its application a written self-certification that it is a small business concern qualified under the criteria and size standards in 13 CFR part 121. In addition, the application must state the amount of fee requested for the entire project period and the basis for requesting the amount and must also state why payment of a fee by DOE would be appropriate. (c) If the contracting officer determines that payment of a fee is appropriate under paragraph (a) of this section, the amount of fee shall be that determined to be reasonable by the contracting officer. The contracting officer shall, at a minimum, apply the following guidelines in determining the fee amount: (1) The fee base shall include the estimated allowa… | |||||
| 10:10:5.0.1.3.11.0.1.15 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.15 Indirect cost limitations. | DOE | Awards issued under this part for conferences and scientific/technical meetings will not include payment for indirect costs. | ||||||
| 10:10:5.0.1.3.11.0.1.16 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.16 National security. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 71 FR 68730, Nov. 28, 2006; 80 FR 5008, Jan. 30, 2015; 88 FR 41292, June 26, 2023] | Activities under the Epidemiology and Other Health Studies Financial Assistance Program are not expected to involve classified information (i.e., Restricted Data, Formerly Restricted Data, National Security Information). However, if in the opinion of the recipient or DOE such involvement becomes expected prior to the closeout of the award, the recipient or DOE shall notify the other in writing immediately. If the recipient believes any information developed or acquired may be classified, the recipient shall not provide the potentially classified information to anyone, including DOE officials with whom the recipient normally communicates, except the Director, Office of Classification, and shall protect such information as if it were classified until notified by DOE that a determination has been made that it does not require such handling. Correspondence that includes the specific information in question shall be sent by registered mail to the U.S. Department of Energy, Attn: Director, Office of Classification, EHSS-60, P.O. Box A, Germantown, MD 20875. If the information is determined to be classified, the recipient may wish to discontinue the project, in which case the recipient and DOE shall terminate the award by mutual agreement. If the award is to be terminated, all material deemed by DOE to be classified shall be forwarded to DOE in a manner specified by DOE for proper disposition. If the recipient and DOE wish to continue the award, even though classified information is involved, the recipient shall be requested to obtain both personnel and facility security clearances through the Office of Headquarters Security Operations awards or from the cognizant field office for awards obtained through DOE field organizations. Costs associated with handling and protecting any such classified information shall be negotiated at the time that the determination to proceed is made. | |||||
| 10:10:5.0.1.3.11.0.1.17 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.17 Continuation funding and reporting requirements. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 71 FR 68730, Nov. 28, 2006; 80 FR 5008, Jan. 30, 2015] | (a) A recipient shall periodically report to DOE on the project's progress in meeting the project objectives of the award. The following types of reports shall be used: (1) Progress Reports. After issuance of an initial award, recipients must submit a satisfactory progress report to receive a continuation award for the remainder of the project period. The original and two copies of the required report must be submitted to the Office of Environment, Health, Safety and Security program manager 90 days prior to the anticipated continuation funding date. The report should include results of work to date and emphasize findings and their significance to the field, and any real or anticipated problems. The report also should contain the following information: On the first page, provide the project title, principal investigator/project director name, period of time the report covers, name and address of recipient organization, DOE award number, the amount of unexpended funds, if any, that are anticipated to be left at the end of the current budget period. If the amount exceeds 10 percent of the funds available for the budget period, provide information as to why the excess funds are anticipated to be available and how they will be used in the next budget period. The report should state whether the aims have changed from the original application, and if they have, provide revised aims. A completed budget page must be submitted with the continuation progress report when a change to anticipated future costs will exceed 25 percent of the original recommended future budget. (2) Notice of Energy Research and Development (R&D) Project. A Notice of Energy R&D Project, DOE Form 1430.22, which summarizes the purpose and scope of the project, must be submitted in accordance with the Distribution and Schedule of Documents set forth in appendix A to this part, Schedule of Renewal Applications and Reports. Copies of the form may be obtained from a DOE contracting office. (3) Special Reports. The recipient shall report the fol… | |||||
| 10:10:5.0.1.3.11.0.1.18 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.18 Dissemination of results. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 79 FR 76046, Dec. 19, 2014] | (a) Recipients are encouraged to disseminate research results promptly. DOE reserves the right to utilize, and have others utilize to the extent it deems appropriate, the reports resulting from research awards. (b) DOE may waive the technical reporting requirement of progress reports set forth in § 602.17, if the recipient submits to DOE a copy of its own report that is published or accepted for publication in a recognized scientific or technical journal and that satisfies the information requirements of the program. (c) Recipients are urged to publish results through normal publication channels. (d) The article shall include an acknowledgement that the project was supported, in whole or in part, by a DOE award, and specify the award number, but state that such support does not constitute an endorsement by DOE of the views expressed in the article. | |||||
| 10:10:5.0.1.3.11.0.1.19 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.19 Records and data. | DOE | (a) In some cases, DOE will require submission of certain project records or data to facilitate mission-related activities. Recipients, therefore, must take adequate steps to ensure proper management, control, and preservation of all project records and data. (b) Awardees must ensure that all project data is adequately documented. Documentation shall: (1) Reference software used to compile, manage, and analyze data; (2) Define all technical characteristics necessary for reading or processing the records; (3) Define file and record content and codes; (4) Describe update cycles or conditions and rules for adding or deleting information; and (5) Detail instrument calibration effects, sampling and analysis, space and time coverage, quality control measures, data algorithms and reduction methods, and other activities relevant to data collection and assembly. (c) Recipients agree to comply with designated DOE records and data management requirements, including providing electronic data in prescribed formats and retention of specified records and data for eventual transfer to the Comprehensive Epidemiologic Data Resource or to another repository, as directed by DOE. Recipients will provide, as part of the final report, a description of records and data compiled during the project along with a plan for its preservation or disposition. (d) Recipients agree to make project records and data available as soon as possible when requested by DOE. | ||||||
| 10:10:5.0.1.3.11.0.1.2 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.2 Applicability. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 79 FR 76046, Dec. 19, 2014] | (a) This part applies to all grants and cooperative agreements awarded after the effective date of this rule. (b) Except as otherwise provided by this part, the award and administration of grants and cooperative agreements shall be governed by 2 CFR part 200 as amended by 2 CFR part 910 (DOE Financial Assistance Regulation). | |||||
| 10:10:5.0.1.3.11.0.1.3 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.3 Definitions. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 79 FR 76046, Dec. 19, 2014] | In addition to the definitions provided in 2 CFR part 200 and 2 CFR part 910, the following definitions are provided for purposes of this part: Conference and communication activities means scientific or technical conferences, symposia, workshops, seminars, public meetings, publications, video or slide shows, and other presentations for the purpose of communicating or exchanging information or views pertinent to DOE. DOE means the United States Department of Energy. Education/Training means support for education or related activities for an individual or organization that will enhance educational levels and skills, in particular, scientific or technical areas of interest to DOE. Epidemiology and Other Health Studies means research pertaining to potential health effects resulting from DOE or predecessor agency operations or from any aspect of energy production, transmission, or use (including electromagnetic fields) in the United States and abroad. Related systems or activities to enhance these areas, as well as other program areas that may be described by notice published in the Federal Register, are also included. Principal investigator means the scientist or other individual designated by the recipient to direct the project. Research means basic and applied research and that part of development not related to the development of specific systems or products. The primary aim of research is scientific study and experimentation directed toward advancing the state of the art or increasing knowledge or understanding rather than focusing on a specific system or product. | |||||
| 10:10:5.0.1.3.11.0.1.4 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.4 Exceptions. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 71 FR 68729, Nov. 28, 2006; 79 FR 76046, Dec. 19, 2014; 80 FR 5007, Jan. 30, 2015; 88 FR 41292, June 26, 2023] | (a) Single-case exceptions from this part may be authorized in writing by the Director, Office of Environment, Health, Safety and Security, the Head of the Contracting Activity, or their designees, upon the written request of DOE staff, an applicant for award, or a recipient. A request from an applicant or a recipient must be submitted to or through the cognizant contracting officer. (b) Whenever a proposed deviation from this part would be a deviation from 2 CFR part 200 as amended by 2 CFR part 910, the deviation must also be authorized in accordance with the procedures prescribed in that part. | |||||
| 10:10:5.0.1.3.11.0.1.5 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.5 Epidemiology and Other Health Studies Financial Assistance Program. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 71 FR 68729, Nov. 28, 2006; 79 FR 76046, Dec. 19, 2014; 80 FR 5007, Jan. 30, 2015] | (a) DOE may issue under this part awards for research, education/training, conferences, communication, and related activities in the Office of Environment, Health, Safety and Security program areas set forth in paragraph (b) of this section. (b) The program areas are: (1) Health experience of DOE and DOE contractor workers; (2) Health experience of populations living near DOE facilities; (3) Workers exposed to toxic substances, such as beryllium; (4) Use of biomarkers to recognize exposure to toxic substances; (5) Epidemiology and other health studies relating to energy production, transmission, and use (including electromagnetic fields) in the United States and abroad; (6) Compilation, documentation, management, use, and analysis of data for the DOE Comprehensive Epidemiologic Data Resource; and (7) Other systems or activities enhancing these areas, as well as other program areas as may be described by notice published in the Federal Register. | |||||
| 10:10:5.0.1.3.11.0.1.6 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.6 Eligibility. | DOE | Any individual or entity other than a Federal agency is eligible for a grant or cooperative agreement. An unaffiliated individual is also eligible for a grant or cooperative agreement. | ||||||
| 10:10:5.0.1.3.11.0.1.7 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.7 Solicitation. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 71 FR 68729, Nov. 28, 2006; 80 FR 5007, Jan. 30, 2015; 88 FR 41292, June 26, 2023] | (a) The Catalog of Federal Domestic Assistance number for 10 CFR part 602 is 81.108 and its solicitation control number is EOHSFAP 10 CFR part 602. (b) An application for a new or renewal award under this solicitation may be submitted at any time to DOE at the address specified in paragraph (c) of this section. New or renewal applications shall receive consideration for funding generally within 6 months but, in any event, no later than 12 months from the date of receipt by DOE. (c) Except as otherwise provided in a notice of availability, applicants may obtain application forms, described in 602.8(b) of this part, and additional information from the Office of Domestic and International Health Studies, EHSS-13, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585, 301-903-2340, and shall submit applications to the same address. (d) DOE will publish program notices in the Federal Register regarding the availability of epidemiology and other health studies financial assistance. DOE may also use other means of communication, as appropriate, such as the publication of notices of availability in trade and professional journals and news media. (1) Each notice of availability shall cite this part and shall include: (i) The Catalog of Federal Domestic Assistance number and solicitation control number of the program; (ii) The amount of money available or estimated to be available for award; (iii) The name of the responsible DOE program official to contact for additional information and an address where application forms may be obtained; (iv) The address for submission of applications; and (v) Any evaluation criteria in addition to those set forth in § 602.9 of this part. (2) The notice of availability may also include any other relevant information helpful to applicants such as: (i) Program objectives; (ii) A project agenda or potential area of project initiatives; (iii) Problem areas requiring additional effort; and (iv) Any other information that identifies areas in which grants o… | |||||
| 10:10:5.0.1.3.11.0.1.8 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.8 Application requirements. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 79 FR 76046, Dec. 19, 2014] | (a) An original and seven copies of the application for initial support must be submitted, except that State and local governments and Indian tribal governments shall not be required to submit more than the original and two copies of the application. (b) Each new or renewal application in response to this part must include: (1) An application face page, DOE Form 4650.2 (approved by OMB under OMB Control No. 1910-1400). However, the face page of an application submitted by a State or local government or an Indian tribal government shall be the face page of Standard Form 424 (approved by OMB under OMB Control Number 0348-0043). (2) A detailed description of the proposed project, including its objectives, its relationship to DOE's program, its impact on the environment, if any, and the applicant's plan for carrying it out. (3) Detailed information about the background and experience of the recipients of funds or, as appropriate, the principal investigator(s) (including references to publications), the facilities and experience of the applicant, and the cost-sharing arrangements, if any. (4) A detailed budget for the entire proposed period of support with written justification sufficient to evaluate the itemized list of costs provided on the entire project. Applicants should note the following when preparing budgets: (i) Numerical details on items of cost provided by State and local government and Indian tribal government applicants shall be on Standard Form 424A, “Budget Information for Non-Construction Programs” (approved under OMB Control No. 0348-0044). All other applicants shall use budget forms ERF 4620.1 (approved by OMB under Control No. 1910-1400). (ii) DOE may, subsequent to receipt of an application, request additional budgetary information from an applicant when necessary for clarification or make informed pre-award determinations under 2 CFR part 200 as amended by 2 CFR part 910. (5) Any pre-award assurances required pursuant to 10 CFR parts 600 and 602. (c) Applications for a renewal award must… | |||||
| 10:10:5.0.1.3.11.0.1.9 | 10 | Energy | II | H | 602 | PART 602—EPIDEMIOLOGY AND OTHER HEALTH STUDIES FINANCIAL ASSISTANCE PROGRAM | § 602.9 Application evaluation and selection. | DOE | [60 FR 5841, Jan. 31, 1995, as amended at 71 FR 68729, Nov. 28, 2006; 79 FR 76046, Dec. 19, 2014; 80 FR 5007, Jan. 30, 2015] | (a) Applications shall be evaluated for funding generally within 6 months, but in any event no later than 12 months, from the date of receipt by DOE. After DOE has held an application for 6 months, the applicant may, in response to DOE's request, be required to revalidate the terms of the original application. (b) DOE shall perform an initial evaluation of all applications to ensure that the information required by this part is provided, that the proposed effort is technically sound and feasible, and that the effort is consistent with program funding priorities. For applications that pass the initial evaluation, DOE shall review and evaluate each application received based on the criteria set forth below and in accordance with the Office of Environment, Health, Safety, and Security Merit Review System developed, as required, under DOE Financial Assistance Regulations, 2 CFR 200 as amended by 2 CFR 910. (c) DOE shall select evaluators on the basis of their professional qualifications and expertise. To ensure credible and inclusive peer review of applications, every effort will be made to select evaluators apart from DOE employees and contractors. Evaluators shall be required to comply with all applicable DOE rules or directives concerning the use of outside evaluators. (d) DOE shall evaluate new and renewal applications based on the following criteria that are listed in descending order of importance: (1) The scientific and technical merit of the proposed research; (2) The appropriateness of the proposed method or approach; (3) Competency of research personnel and adequacy of proposed resources; (4) Reasonableness and appropriateness of the proposed budget; and (5) Other appropriate factors consistent with the purpose of this part established and set forth in a Notice of Availability or in a specific solicitation. (e) DOE shall also consider as part of the evaluation other available advice or information, as well as program policy factors, such as ensuring an appropriate balance among the program areas li… | |||||
| 20:20:3.0.2.1.3.1.1.1 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | A | Subpart A—General Provisions | § 602.1 Purpose. | DOL | [52 FR 33528, Sept. 3, 1987, as amended at 71 FR 35513, June 21, 2006] | The purpose of this part is to prescribe a Quality Control (QC) program for the Federal-State unemployment compensation (UC) system, which is applicable to the State UC programs and the Federal unemployment benefit and allowance programs administered by the State unemployment compensation agencies under agreements between the States and the Secretary of Labor (Secretary). QC will be a major tool to assess the timeliness and accuracy of State administration of the UC program. It is designed to identify errors in claims processes and revenue collections (including payments in lieu of contributions and Extended Unemployment Compensation Account collections), analyze causes, and support the initiation of corrective action. | ||||
| 20:20:3.0.2.1.3.1.1.2 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | A | Subpart A—General Provisions | § 602.2 Scope. | DOL | [52 FR 33528, Sept. 3, 1987, as amended at 71 FR 35513, June 21, 2006] | This part applies to all State laws approved by the Secretary under the Federal Unemployment Tax Act (section 3304 of the Internal Revenue Code of 1986, 26 U.S.C. section 3304), to the administration of the State laws, and to any Federal unemployment benefit and allowance program administered by the State unemployment compensation agencies under agreements between the States and the Secretary. QC is a requirement for all States, initially being applicable to the largest permanently authorized programs (regular UC including Combined-Wage-Claims) and federally-funded programs (Unemployment Compensation for Ex-Servicemembers and Unemployment Compensation for Federal Employees). Other elements of the QC program (e.g., interstate, extended benefit programs, benefit denials, and revenue collections) will be phased in under a schedule determined by the Department in consultation with State agencies. | ||||
| 20:20:3.0.2.1.3.2.1.1 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | B | Subpart B—Federal Requirements | § 602.10 Federal law requirements. | DOL | [52 FR 33528, Sept. 3, 1987, as amended at 71 FR 35513, June 21, 2006] | (a) Section 303(a)(1) of the Social Security Act (SSA), 42 U.S.C. 503(a)(1), requires that a State law include provision for: Such methods of administration . . . as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due. Such methods of administration . . . as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due. (b) Section 303(a)(6), SSA, 42 U.S.C. 505(a)(6), requires that a State law include provision for: The making of such reports, in such form and containing such information, as the Secretary of Labor may from time to time require, and compliance with such provisions as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such reports. The making of such reports, in such form and containing such information, as the Secretary of Labor may from time to time require, and compliance with such provisions as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such reports. (c) Section 303(b), SSA, 42 U.S.C. 503(b), provides in part that: Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that in the administration of the law there is— Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that in the administration of the law there is— (2) a failure to comply substantially with any provision specified in subsection (a); the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such denial or failure to comply. Until he is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such S… | ||||
| 20:20:3.0.2.1.3.2.1.2 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | B | Subpart B—Federal Requirements | § 602.11 Secretary's interpretation. | DOL | (a) The Secretary interprets section 303(a)(1), SSA, to require that a State law provide for such methods of administration as will reasonably ensure the prompt and full payment of unemployment benefits to eligible claimants, and collection and handling of income for the State unemployment fund (particularly taxes and reimbursements), with the greatest accuracy feasible. (b) The Secretary interprets sections 303(a)(1) and 303(a)(6), SSA, to authorize the Department of Labor to prescribe standard definitions, methods and procedures, and reporting requirements for the QC program and to ensure accuracy and verification of QC findings. (c) The Secretary interprets section 303(b)(2), SSA to require that, in the administration of a State law, there shall be substantial compliance with the provisions required by sections 303(a) (1) and (6). Further, conformity of the State law with those requirements is required by section 303(a) and § 601.5(a) of this chapter. (d) To satisfy the requirements of sections 303(a) (1) and (6), a State law must contain a provision requiring, or which is construed to require, the establishment and maintenance of a QC program in accordance with the requirements of this part. The establishment and maintenance of such a QC program in accordance with this part shall not require any change in State law concerning authority to undertake redeterminations of claims or liabilities or the finality of any determination, redetermination or decision. | |||||
| 20:20:3.0.2.1.3.3.1.1 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | C | Subpart C—State Responsibilities | § 602.20 Organization. | DOL | Each State shall establish a QC unit independent of, and not accountable to, any unit performing functions subject to evaluation by the QC unit. The organizational location of this unit shall be positioned to maximize its objectivity, to facilitate its access to information necessary to carry out its responsibilities, and to minimize organizational conflict of interest. | |||||
| 20:20:3.0.2.1.3.3.1.2 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | C | Subpart C—State Responsibilities | § 602.21 Standard methods and procedures. | DOL | Each State shall: (a) Perform the requirements of this section in accordance with instructions issued by the Department, pursuant to § 602.30(a) of this part, to ensure standardization of methods and procedures in a manner consistent with this part; (b) Select representative samples for QC study of at least a minimum size specified by the Department to ensure statistical validity (for benefit payments, a minimum of 400 cases of weeks paid per State per year); (c) Complete prompt and in-depth case investigations to determine the degree of accuracy and timeliness in the administration of the State UC law and Federal programs with respect to benefit determinations, benefit payments, and revenue collections; and conduct other measurements and studies necessary or appropriate for carrying out the purposes of this part; and in conducting investigations each State shall: (1) Inform claimants in writing that the information obtained from a QC investigation may affect their eligibility for benefits and inform employers in writing that the information obtained from a QC investigation of revenue may affect their tax liability, (2) Use a questionnaire, prescribed by the Department, which is designed to obtain such data as the Department deems necessary for the operation of the QC program; require completion of the questionnaire by claimants in accordance with the eligibility and reporting authority under State law, (3) Collect data identified by the Department as necessary for the operation of the QC program; however, the collection of demographic data will be limited to those data which relate to an individual's eligibility for UC benefits and necessary to conduct proportions tests to validate the selection of representative samples (the demographic data elements necessary to conduct proportions tests are claimants' date of birth, sex, and ethnic classification); and (4) Conclude all findings of inaccuracy as detected through QC investigations with appropriate official actions, in accordance with the applicable State… | |||||
| 20:20:3.0.2.1.3.3.1.3 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | C | Subpart C—State Responsibilities | § 602.22 Exceptions. | DOL | If the Department determines that the QC program, or any constituent part of the QC program, is not necessary for the proper and efficient administration of a State law or in the Department's view is not cost effective, the Department shall use established procedures to advise the State that it is partially or totally excepted from the specified requirements of this part. Any determination under this section shall be made only after consultations with the State agency. | |||||
| 20:20:3.0.2.1.3.4.1.1 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | D | Subpart D—Federal Responsibilities | § 602.30 Management. | DOL | (a) The Department shall establish required methods and procedures (as specified in § 602.21 of this part); and provide technical assistance as needed on the QC process. (b) The Department shall consider and explore alternatives to the prescribed sampling, study, recordkeeping, and reporting methodologies. This shall include, but not be limited to, testing the obtaining of information needed for QC by telephone and mail rather than in face-to-face interviews. (c) The Department shall maintain a computerized data base of QC case data which is transmitted to the Department under § 602.21, which will be combined with other data for statistical and other analysis such as assessing the impact of economic cycles, funding levels, and workload levels on program accuracy and timeliness. | |||||
| 20:20:3.0.2.1.3.4.1.2 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | D | Subpart D—Federal Responsibilities | § 602.31 Oversight. | DOL | The Department shall review QC operational procedures and samples, and validate QC methodology to ensure uniformity in the administration of the QC program and to ensure compliance with the requirements of this part. The Department shall, for purposes of determining eligibility for grants described in § 602.40, annually review the adequacy of the administration of a State's QC program. | |||||
| 20:20:3.0.2.1.3.5.1.1 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | E | Subpart E—Quality Control Grants to States | § 602.40 Funding. | DOL | [52 FR 33528, Sept. 3, 1987, as amended at 71 FR 35513, June 21, 2006] | (a) The Department shall use established procedures to notify States of the availability of funds for the operation of QC programs in accordance with this part. (b) The Department may allocate additional resources, if available, to States for analysis of data generated by the QC program, to increase the number of claims sampled in areas where more information is needed, for pilot studies for the purpose of expanding the QC program, and for corrective action. | ||||
| 20:20:3.0.2.1.3.5.1.2 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | E | Subpart E—Quality Control Grants to States | § 602.41 Proper expenditure of Quality Control granted funds. | DOL | [52 FR 33528, Sept. 3, 1987, as amended at 52 FR 34343, Sept. 10, 1987] | The Secretary may, after reasonable notice and opportunity for hearing to the State agency, take exception to and require repayment of an expenditure for the operation of a QC program if it is found by the Secretary that such expenditure is not necessary for the proper and efficient administration of the QC program in the State. See sections 303(a)(8), 303(a)(9) and 303(b)(2), SSA, and 20 CFR 601.5. For purposes of this section, an expenditure will be found not necessary for proper and efficient administration if such expenditure fails to comply with the requirements of subpart C of this part. | ||||
| 20:20:3.0.2.1.3.5.1.3 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | E | Subpart E—Quality Control Grants to States | § 602.42 Effect of failure to implement Quality Control program. | DOL | Any State which the Secretary finds, after reasonable notice and opportunity for hearing, has not implemented or maintained a QC program in accordance with this part will not be eligible for any grants under title III of the Social Security Act until such time as the Secretary is satisfied that there is no longer any failure to conform or to comply substantially with any provision specified in this part. See sections 303(a)(1), 303(a)(6), and 303(b)(2), SSA, and 20 CFR 601.5. | |||||
| 20:20:3.0.2.1.3.5.1.4 | 20 | Employees' Benefits | V | 602 | PART 602—QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT INSURANCE SYSTEM | E | Subpart E—Quality Control Grants to States | § 602.43 No incentives or sanctions based on specific error rates. | DOL | Neither sanctions nor funding incentives shall be used by the Department to influence the achievement of specified error rates in State UC programs. | |||||
| 28:28:2.0.4.5.3.0.127.1 | 28 | Judicial Administration | VI | 602 | PART 602—JURISDICTION OF THE INDEPENDENT COUNSEL: IN RE FRANKLYN C. NOFZIGER | § 602.1 Independent Counsel: In re Franklyn C. Nofziger. | [52 FR 22439, June 12, 1987, as amended at 52 FR 22439, June 12, 1987; 52 FR 35544, Sept. 22, 1987] | (a) The Independent Counsel: In re Franklyn C. Nofziger shall have jurisdiction to investigate to the maximum extent authorized by part 600 of this chapter whether Franklyn C. Nofziger committed a violation of any Federal criminal law, as referred to in 28 U.S.C. 591, and more specifically whether the aforesaid Franklyn C. Nofziger, who served as Assistant to the President from January 21, 1981 through January 22, 1982, and who was therefore prohibited by the provisions of 18 U.S.C. 207 from thereafter knowingly making certain types of oral or written communications, did violate any subsection of 18 U.S.C. 207 because of certain oral or written communications with departments or agencies of the U.S. Government (including but not limited to the White House or the Executive Office of the President) on behalf of Welbilt Electronic Die Corporation, Comet Rice, Inc., or any other person or entity, at any time during 1982 or 1983. (b) The lndependent Counsel shall have jurisdiction and authority to investigate other allegations and evidence of violation of any Federal criminal law by Franklyn C. Nofziger, and/or any of his business associates who may have acted in concert with or aided or abetted Franklyn C. Nofziger, developed. during the Independent Counsel's investigation referred to in paragraph (a) of this section or connected with or arising out of that investigation, and to seek indictments and to prosecute any such persons or entities involved in any of the foregoing events or transactions that Independent Counsel believes constitute a Federal offense and that there is reasonable cause to believe that the admissible evidence probably will be sufficient to obtain and sustain a conviction (28 U.S.C. 594(f)) of any Federal criminal law (other than a violation constituting a Class B or C misdemeanor, or an infraction, or a petty offense) arising out of such events, including such persons or entities who have engaged in an unlawful conspiracy or who have aided or abetted any criminal offense related to the prosecut… | |||||||
| 34:34:3.1.3.1.3.1.9.1 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | A | Subpart A—General | § 602.1 Why does the Secretary recognize accrediting agencies? | ED | (a) The Secretary recognizes accrediting agencies to ensure that these agencies are, for the purposes of the Higher Education Act of 1965, as amended (HEA), or for other Federal purposes, reliable authorities regarding the quality of education or training offered by the institutions or programs they accredit. (b) The Secretary lists an agency as a nationally recognized accrediting agency if the agency meets the criteria for recognition listed in subpart B of this part. | |||||
| 34:34:3.1.3.1.3.1.9.2 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | A | Subpart A—General | § 602.2 How do I know which agencies the Secretary recognizes? | ED | (a) Periodically, the Secretary publishes a list of recognized agencies in the Federal Register, together with each agency's scope of recognition. You may obtain a copy of the list from the Department at any time. The list is also available on the Department's web site. (b) If the Secretary denies continued recognition to a previously recognized agency, or if the Secretary limits, suspends, or terminates the agency's recognition before the end of its recognition period, the Secretary publishes a notice of that action in the Federal Register. The Secretary also makes the reasons for the action available to the public, on request. | |||||
| 34:34:3.1.3.1.3.1.9.3 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | A | Subpart A—General | § 602.3 What definitions apply to this part? | ED | [64 FR 56617, Oct. 20, 1999, as amended at 74 FR 55426, Oct. 27, 2009; 84 FR 58917, Nov. 1, 2019; 85 FR 54812, Sept. 2, 2020] | (a) The following definitions are contained in the regulations for Institutional Eligibility under the Higher Education Act of 1965, as amended, 34 CFR part 600: (1) Accredited. (2) Additional location. (3) Branch campus. (4) Correspondence course. (5) Direct assessment program. (6) Distance education. (7) Institution of higher education. (8) Nationally recognized accrediting agency. (9) Preaccreditation. (10) Religious mission. (11) Secretary. (12) State. (13) Teach-out. (14) Teach-out agreement. (15) Teach-out plan. (b) The following definitions apply to this part: Accreditation means the status of public recognition that an accrediting agency grants to an educational institution or program that meets the agency's standards and requirements. Accrediting agency or agency means a legal entity, or that part of a legal entity, that conducts accrediting activities through voluntary, non-Federal peer review and makes decisions concerning the accreditation or preaccreditation status of institutions, programs, or both. Act means the Higher Education Act of 1965, as amended. Adverse accrediting action or adverse action means the denial, withdrawal, suspension, revocation, or termination of accreditation or preaccreditation, or any comparable accrediting action an agency may take against an institution or program. Advisory Committee means the National Advisory Committee on Institutional Quality and Integrity. Compliance report means a written report that the Department requires an agency to file when the agency is found to be out of compliance to demonstrate that the agency has corrected deficiencies specified in the decision letter from the senior Department official or the Secretary. Compliance reports must be reviewed by Department staff and the Advisory Committee and approved by the senior Department official or, in the event of an appeal, by the Secretary. Designated Federal Official means the Federal officer designated under section 10(f) of the Federal Advisory Committee Act, 5 U.… | ||||
| 34:34:3.1.3.1.3.1.9.4 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | A | Subpart A—General | § 602.4 Severability. | ED | [84 FR 58918, Nov. 1, 2019] | If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice shall not be affected thereby. | ||||
| 34:34:3.1.3.1.3.2.10.5 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.14 Purpose and organization. | ED | [84 FR 58919, Nov. 1, 2019] | (a) The Secretary recognizes only the following four categories of accrediting agencies: (1) A State agency that— (i) Has as a principal purpose the accrediting of institutions of higher education, higher education programs, or both; and (ii) Has been listed by the Secretary as a nationally recognized accrediting agency on or before October 1, 1991. (2) An accrediting agency that— (i) Has a voluntary membership of institutions of higher education; (ii) Has as a principal purpose the accrediting of institutions of higher education and that accreditation is used to provide a link to Federal HEA programs in accordance with § 602.10; and (iii) Satisfies the “separate and independent” requirements in paragraph (b) of this section. (3) An accrediting agency that— (i) Has a voluntary membership; and (ii) Has as its principal purpose the accrediting of institutions of higher education or programs, and the accreditation it offers is used to provide a link to non-HEA Federal programs in accordance with § 602.10. (4) An accrediting agency that, for purposes of determining eligibility for title IV, HEA programs— (i)(A) Has a voluntary membership of individuals participating in a profession; or (B) Has as its principal purpose the accrediting of programs within institutions that are accredited by another nationally recognized accrediting agency; and (ii) Satisfies the “separate and independent” requirements in paragraph (b) of this section or obtains a waiver of those requirements under paragraph (d) of this section. (b) For purposes of this section, “separate and independent” means that— (1) The members of the agency's decision-making body, who decide the accreditation or preaccreditation status of institutions or programs, establish the agency's accreditation policies, or both, are not elected or selected by the board or chief executive officer of any related, associated, or affiliated trade association, professional organization, or membership organization and are not staff of the related, associated, or af… | ||||
| 34:34:3.1.3.1.3.2.10.6 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.15 Administrative and fiscal responsibilities. | ED | [84 FR 58919, Nov. 1, 2019] | The agency must have the administrative and fiscal capability to carry out its accreditation activities in light of its requested scope of recognition. The agency meets this requirement if the agency demonstrates that— (a) The agency has— (1) Adequate administrative staff and financial resources to carry out its accrediting responsibilities; (2) Competent and knowledgeable individuals, qualified by education or experience in their own right and trained by the agency on their responsibilities, as appropriate for their roles, regarding the agency's standards, policies, and procedures, to conduct its on-site evaluations, apply or establish its policies, and make its accrediting and preaccrediting decisions, including, if applicable to the agency's scope, their responsibilities regarding distance education and correspondence courses; (3) Academic and administrative personnel on its evaluation, policy, and decision-making bodies, if the agency accredits institutions; (4) Educators, practitioners, and/or employers on its evaluation, policy, and decision-making bodies, if the agency accredits programs or single-purpose institutions that prepare students for a specific profession; (5) Representatives of the public, which may include students, on all decision-making bodies; and (6) Clear and effective controls, including guidelines, to prevent or resolve conflicts of interest, or the appearance of conflicts of interest, by the agency's— (i) Board members; (ii) Commissioners; (iii) Evaluation team members; (iv) Consultants; (v) Administrative staff; and (vi) Other agency representatives; and (b) The agency maintains complete and accurate records of— (1) Its last full accreditation or preaccreditation review of each institution or program, including on-site evaluation team reports, the institution's or program's responses to on-site reports, periodic review reports, any reports of special reviews conducted by the agency between regular reviews, and a copy of the institution's or program's most recent self-stu… | ||||
| 34:34:3.1.3.1.3.2.11.10 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.19 Monitoring and reevaluation of accredited institutions and programs. | ED | [84 FR 58921, Nov. 1, 2019] | (a) The agency must reevaluate, at regularly established intervals, the institutions or programs it has accredited or preaccredited. (b) The agency must demonstrate it has, and effectively applies, monitoring and evaluation approaches that enable the agency to identify problems with an institution's or program's continued compliance with agency standards and that take into account institutional or program strengths and stability. These approaches must include periodic reports, and collection and analysis of key data and indicators, identified by the agency, including, but not limited to, fiscal information and measures of student achievement, consistent with the provisions of § 602.16(g). This provision does not require institutions or programs to provide annual reports on each specific accreditation criterion. (c) Each agency must monitor overall growth of the institutions or programs it accredits and, at least annually, collect head-count enrollment data from those institutions or programs. (d) Institutional accrediting agencies must monitor the growth of programs at institutions experiencing significant enrollment growth, as reasonably defined by the agency. (e) Any agency that has notified the Secretary of a change in its scope in accordance with § 602.27(a) must monitor the headcount enrollment of each institution it has accredited that offers distance education or correspondence courses. The Secretary will require a review, at the next meeting of the National Advisory Committee on Institutional Quality and Integrity, of any change in scope undertaken by an agency if the enrollment of an institution that offers distance education or correspondence courses that is accredited by such agency increases by 50 percent or more within any one institutional fiscal year. If any such institution has experienced an increase in head-count enrollment of 50 percent or more within one institutional fiscal year, the agency must report that information to the Secretary within 30 days of acquiring such data. | ||||
| 34:34:3.1.3.1.3.2.11.11 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.20 Enforcement of standards. | ED | [84 FR 58922, Nov. 1, 2019] | (a) If the agency's review of an institution or program under any standard indicates that the institution or program is not in compliance with that standard, the agency must— (1) Follow its written policy for notifying the institution or program of the finding of noncompliance; (2) Provide the institution or program with a written timeline for coming into compliance that is reasonable, as determined by the agency's decision-making body, based on the nature of the finding, the stated mission, and educational objectives of the institution or program. The timeline may include intermediate checkpoints on the way to full compliance and must not exceed the lesser of four years or 150 percent of the— (i) Length of the program in the case of a programmatic accrediting agency; or (ii) Length of the longest program at the institution in the case of an institutional accrediting agency; (3) Follow its written policies and procedures for granting a good cause extension that may exceed the standard timeframe described in paragraph (a)(2) of this section when such an extension is determined by the agency to be warranted; and (4) Have a written policy to evaluate and approve or disapprove monitoring or compliance reports it requires, provide ongoing monitoring, if warranted, and evaluate an institution's or program's progress in resolving the finding of noncompliance. (b) Notwithstanding paragraph (a) of this section, the agency must have a policy for taking an immediate adverse action, and take such action, when the agency has determined that such action is warranted. (c) If the institution or program does not bring itself into compliance within the period specified in paragraph (a) of this section, the agency must take adverse action against the institution or program, but may maintain the institution's or program's accreditation or preaccreditation until the institution or program has had reasonable time to complete the activities in its teach-out plan or to fulfill the obligations of any teach-out agreement to assist… | ||||
| 34:34:3.1.3.1.3.2.11.12 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.21 Review of standards. | ED | [64 FR 56617, Oct. 20, 1999, as amended at 84 FR 58922, Nov. 1, 2019] | (a) The agency must maintain a comprehensive systematic program of review that involves all relevant constituencies and that demonstrates that its standards are adequate to evaluate the quality of the education or training provided by the institutions and programs it accredits and relevant to the educational or training needs of students. (b) The agency determines the specific procedures it follows in evaluating its standards, but the agency must ensure that its program of review— (1) Is comprehensive; (2) Occurs at regular, yet reasonable, intervals or on an ongoing basis; (3) Examines each of the agency's standards and the standards as a whole; and (4) Involves all of the agency's relevant constituencies in the review and affords them a meaningful opportunity to provide input into the review. (c) If the agency determines, at any point during its systematic program of review, that it needs to make changes to its standards, the agency must initiate action within 12 months to make the changes and must complete that action within a reasonable period of time. (d) Before finalizing any changes to its standards, the agency must— (1) Provide notice to all of the agency's relevant constituencies, and other parties who have made their interest known to the agency, of the changes the agency proposes to make; (2) Give the constituencies and other interested parties adequate opportunity to comment on the proposed changes; and (3) Take into account and be responsive to any comments on the proposed changes submitted timely by the relevant constituencies and other interested parties. | ||||
| 34:34:3.1.3.1.3.2.11.7 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.16 Accreditation and preaccreditation standards. | ED | [84 FR 58919, Nov. 1, 2019] | (a) The agency must demonstrate that it has standards for accreditation, and preaccreditation, if offered, that are sufficiently rigorous to ensure that the agency is a reliable authority regarding the quality of the education or training provided by the institutions or programs it accredits. The agency meets this requirement if the following conditions are met: (1) The agency's accreditation standards must set forth clear expectations for the institutions or programs it accredits in the following areas: (i) Success with respect to student achievement in relation to the institution's mission, which may include different standards for different institutions or programs, as established by the institution, including, as appropriate, consideration of State licensing examinations, course completion, and job placement rates. (ii) Curricula. (iii) Faculty. (iv) Facilities, equipment, and supplies. (v) Fiscal and administrative capacity as appropriate to the specified scale of operations. (vi) Student support services. (vii) Recruiting and admissions practices, academic calendars, catalogs, publications, grading, and advertising. (viii) Measures of program length and the objectives of the degrees or credentials offered. (ix) Record of student complaints received by, or available to, the agency. (x) Record of compliance with the institution's program responsibilities under title IV of the Act, based on the most recent student loan default rate data provided by the Secretary, the results of financial or compliance audits, program reviews, and any other information that the Secretary may provide to the agency; and (2) The agency's preaccreditation standards, if offered, must— (i) Be appropriately related to the agency's accreditation standards; and (ii) Not permit the institution or program to hold preaccreditation status for more than five years before a final accrediting action is made. (b) Agencies are not required to apply the standards described in paragraph (a)(1)(x) of this section to institutions that… | ||||
| 34:34:3.1.3.1.3.2.11.8 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.17 Application of standards in reaching accreditation decisions. | ED | [84 FR 58920, Nov. 1, 2019] | The agency must have effective mechanisms for evaluating an institution's or program's compliance with the agency's standards before reaching a decision to accredit or preaccredit the institution or program. The agency meets this requirement if the agency demonstrates that it— (a) Evaluates whether an institution or program— (1) Maintains clearly specified educational objectives that are consistent with its mission and appropriate in light of the degrees or certificates awarded; (2) Is successful in achieving its stated objectives at both the institutional and program levels; and (3) Maintains requirements that at least conform to commonly accepted academic standards, or the equivalent, including pilot programs in § 602.18(b); (b) Requires the institution or program to engage in a self-study process that assesses the institution's or program's education quality and success in meeting its mission and objectives, highlights opportunities for improvement, and includes a plan for making those improvements; (c) Conducts at least one on-site review of the institution or program during which it obtains sufficient information to determine if the institution or program complies with the agency's standards; (d) Allows the institution or program the opportunity to respond in writing to the report of the on-site review; (e) Conducts its own analysis of the self-study and supporting documentation furnished by the institution or program, the report of the on-site review, the institution's or program's response to the report, and any other information substantiated by the agency from other sources to determine whether the institution or program complies with the agency's standards; (f) Provides the institution or program with a detailed written report that assesses the institution's or program's compliance with the agency's standards, including areas needing improvement, and the institution's or program's performance with respect to student achievement; (g) Requires institutions to have processes in place through whic… | ||||
| 34:34:3.1.3.1.3.2.11.9 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.18 Ensuring consistency in decision-making. | ED | [84 FR 58920, Nov. 1, 2019] | (a) The agency must consistently apply and enforce standards that respect the stated mission of the institution, including religious mission, and that ensure that the education or training offered by an institution or program, including any offered through distance education, correspondence courses, or direct assessment education is of sufficient quality to achieve its stated objective for the duration of any accreditation or preaccreditation period. (b) The agency meets the requirement in paragraph (a) of this section if the agency— (1) Has written specification of the requirements for accreditation and preaccreditation that include clear standards for an institution or program to be accredited or preaccredited; (2) Has effective controls against the inconsistent application of the agency's standards; (3) Bases decisions regarding accreditation and preaccreditation on the agency's published standards and does not use as a negative factor the institution's religious mission-based policies, decisions, and practices in the areas covered by § 602.16(a)(1)(ii), (iii), (iv), (vi), and (vii) provided, however, that the agency may require that the institution's or program's curricula include all core components required by the agency; (4) Has a reasonable basis for determining that the information the agency relies on for making accrediting decisions is accurate; (5) Provides the institution or program with a detailed written report that clearly identifies any deficiencies in the institution's or program's compliance with the agency's standards; and (6) Publishes any policies for retroactive application of an accreditation decision, which must not provide for an effective date that predates either— (i) An earlier denial by the agency of accreditation or preaccreditation to the institution or program; or (ii) The agency's formal approval of the institution or program for consideration in the agency's accreditation or preaccreditation process. (c) Nothing in this part prohibits an agency, when special circumstan… | ||||
| 34:34:3.1.3.1.3.2.12.13 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.22 Substantive changes and other reporting requirements. | ED | [84 FR 58922, Nov. 1, 2019, as amended at 87 FR 63692, Oct. 20, 2022] | (a)(1) If the agency accredits institutions, it must maintain adequate substantive change policies that ensure that any substantive change, as defined in this section, after the agency has accredited or preaccredited the institution does not adversely affect the capacity of the institution to continue to meet the agency's standards. The agency meets this requirement if— (i) The agency requires the institution to obtain the agency's approval of the substantive change before the agency includes the change in the scope of accreditation or preaccreditation it previously granted to the institution; and (ii) The agency's definition of substantive change covers high-impact, high-risk changes, including at least the following: (A) Any substantial change in the established mission or objectives of the institution or its programs. (B) Any change in the legal status, form of control, or ownership of the institution. (C) The addition of programs that represent a significant departure from the existing offerings or educational programs, or method of delivery, from those that were offered or used when the agency last evaluated the institution. (D) The addition of graduate programs by an institution that previously offered only undergraduate programs or certificates. (E) A change in the way an institution measures student progress, including whether the institution measures progress in clock hours or credit-hours, semesters, trimesters, or quarters, or uses time-based or non-time-based methods. (F) A substantial increase in the number of clock hours or credit hours awarded, or an increase in the level of credential awarded, for successful completion of one or more programs. (G) The acquisition of any other institution or any program or location of another institution. (H) The addition of a permanent location at a site at which the institution is conducting a teach-out for students of another institution that has ceased operating before all students have completed their program of study. (I) The addition of a new loca… | ||||
| 34:34:3.1.3.1.3.2.12.14 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.23 Operating procedures all agencies must have. | ED | [64 FR 56617, Oct. 20, 1999, as amended at 74 FR 55428, Oct. 27, 2009; 84 FR 58923, Nov. 1, 2019] | (a) The agency must maintain and make available to the public written materials describing— (1) Each type of accreditation and preaccreditation it grants; (2) The procedures that institutions or programs must follow in applying for accreditation, preaccreditation, or substantive changes and the sequencing of those steps relative to any applications or decisions required by States or the Department relative to the agency's preaccreditation, accreditation, or substantive change decisions; (3) The standards and procedures it uses to determine whether to grant, reaffirm, reinstate, restrict, deny, revoke, terminate, or take any other action related to each type of accreditation and preaccreditation that the agency grants; (4) The institutions and programs that the agency currently accredits or preaccredits and, for each institution and program, the year the agency will next review or reconsider it for accreditation or preaccreditation; and (5) A list of the names, academic and professional qualifications, and relevant employment and organizational affiliations of— (i) The members of the agency's policy and decision-making bodies; and (ii) The agency's principal administrative staff. (b) In providing public notice that an institution or program subject to its jurisdiction is being considered for accreditation or preaccreditation, the agency must provide an opportunity for third-party comment concerning the institution's or program's qualifications for accreditation or preaccreditation. At the agency's discretion, third-party comment may be received either in writing or at a public hearing, or both. (c) The accrediting agency must— (1) Review in a timely, fair, and equitable manner any complaint it receives against an accredited institution or program that is related to the agency's standards or procedures. The agency may not complete its review and make a decision regarding a complaint unless, in accordance with published procedures, it ensures that the institution or program has sufficient opportunity to pr… | ||||
| 34:34:3.1.3.1.3.2.12.15 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.24 Additional procedures certain institutional agencies must have. | ED | [84 FR 58924, Nov. 1, 2019] | If the agency is an institutional accrediting agency and its accreditation or preaccreditation enables those institutions to obtain eligibility to participate in title IV, HEA programs, the agency must demonstrate that it has established and uses all of the following procedures: (a) Branch campus. The agency must require the institution to notify the agency if it plans to establish a branch campus and to submit a business plan for the branch campus that describes— (1) The educational program to be offered at the branch campus; and (2) The projected revenues and expenditures and cash flow at the branch campus. (b) Site visits. The agency must undertake a site visit to a new branch campus or following a change of ownership or control as soon as practicable, but no later than six months, after the establishment of that campus or the change of ownership or control. (c) Teach-out plans and agreements. (1) The agency must require an institution it accredits to submit a teach-out plan as defined in 34 CFR 600.2 to the agency for approval upon the occurrence of any of the following events: (i) For a nonprofit or proprietary institution, the Secretary notifies the agency of a determination by the institution's independent auditor expressing doubt about the institution's ability to operate as a going concern or indicating an adverse opinion or a finding of material weakness related to financial stability. (ii) The agency acts to place the institution on probation or equivalent status. (iii) The Secretary notifies the agency that the institution is participating in title IV, HEA programs under a provisional program participation agreement and the Secretary has required a teach-out plan as a condition of participation. (2) The agency must require an institution it accredits or preaccredits to submit a teach-out plan and, if practicable, teach-out agreements (as defined in 34 CFR 600.2) to the agency for approval upon the occurrence of any of the following events: (i) The Secretary notifies the agency that it … | ||||
| 34:34:3.1.3.1.3.2.12.16 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.25 Due process. | ED | [74 FR 55429, Oct. 27, 2009, as amended at 84 FR 58925, Nov. 1, 2019] | The agency must demonstrate that the procedures it uses throughout the accrediting process satisfy due process. The agency meets this requirement if the agency does the following: (a) Provides adequate written specification of its requirements, including clear standards, for an institution or program to be accredited or preaccredited. (b) Uses procedures that afford an institution or program a reasonable period of time to comply with the agency's requests for information and documents. (c) Provides written specification of any deficiencies identified at the institution or program examined. (d) Provides sufficient opportunity for a written response by an institution or program regarding any deficiencies identified by the agency, to be considered by the agency within a timeframe determined by the agency, and before any adverse action is taken. (e) Notifies the institution or program in writing of any adverse accrediting action or an action to place the institution or program on probation or show cause. The notice describes the basis for the action. (f) Provides an opportunity, upon written request of an institution or program, for the institution or program to appeal any adverse action prior to the action becoming final. (1) The appeal must take place at a hearing before an appeals panel that— (i) May not include current members of the agency's decision-making body that took the initial adverse action; (ii) Is subject to a conflict of interest policy; (iii) Does not serve only an advisory or procedural role, and has and uses the authority to make the following decisions: To affirm, amend, or remand adverse actions of the original decision-making body; and (iv) Affirms, amends, or remands the adverse action. A decision to affirm or amend the adverse action is implemented by the appeals panel or by the original decision-making body, at the agency's option; however, in the event of a decision by the appeals panel to remand the adverse action to the original decision-making body for further consideration, th… | ||||
| 34:34:3.1.3.1.3.2.12.17 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.26 Notification of accrediting decisions. | ED | [64 FR 56617, Oct. 20, 1999, as amended at 74 FR 55429, Oct. 27, 2009; 84 FR 58924, Nov. 1, 2019] | The agency must demonstrate that it has established and follows written procedures requiring it to provide written notice of its accrediting decisions to the Secretary, the appropriate State licensing or authorizing agency, the appropriate accrediting agencies, and the public. The agency meets this requirement if the agency, following its written procedures— (a) Provides written notice of the following types of decisions to the Secretary, the appropriate State licensing or authorizing agency, the appropriate accrediting agencies, and the public no later than 30 days after it makes the decision: (1) A decision to award initial accreditation or preaccreditation to an institution or program. (2) A decision to renew an institution's or program's accreditation or preaccreditation; (b) Provides written notice of a final decision of a probation or equivalent status or an initiated adverse action to the Secretary, the appropriate State licensing or authorizing agency, and the appropriate accrediting agencies at the same time it notifies the institution or program of the decision and requires the institution or program to disclose such an action within seven business days of receipt to all current and prospective students; (c) Provides written notice of the following types of decisions to the Secretary, the appropriate State licensing or authorizing agency, and the appropriate accrediting agencies at the same time it notifies the institution or program of the decision, but no later than 30 days after it reaches the decision: (1) A final decision to deny, withdraw, suspend, revoke, or terminate the accreditation or preaccreditation of an institution or program. (2) A final decision to take any other adverse action, as defined by the agency, not listed in paragraph (c)(1) of this section; (d) Provides written notice to the public of the decisions listed in paragraphs (b) and (c) of this section within one business day of its notice to the institution or program; (e) For any decision listed in paragraph (c) of this … | ||||
| 34:34:3.1.3.1.3.2.12.18 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.27 Other information an agency must provide the Department. | ED | [84 FR 58926, Nov. 1, 2019] | (a) The agency must submit to the Department— (1) A list, updated annually, of its accredited and preaccredited institutions and programs, which may be provided electronically; (2) A summary of the agency's major accrediting activities during the previous year (an annual data summary), if requested by the Secretary to carry out the Secretary's responsibilities related to this part; (3) Any proposed change in the agency's policies, procedures, or accreditation or preaccreditation standards that might alter its— (i) Scope of recognition, except as provided in paragraph (a)(4) of this section; or (ii) Compliance with the criteria for recognition; (4) Notification that the agency has expanded its scope of recognition to include distance education or correspondence courses as provided in section 496(a)(4)(B)(i)(I) of the HEA. Such an expansion of scope is effective on the date the Department receives the notification; (5) The name of any institution or program it accredits that the agency has reason to believe is failing to meet its title IV, HEA program responsibilities or is engaged in fraud or abuse, along with the agency's reasons for concern about the institution or program; and (6) If the Secretary requests, information that may bear upon an accredited or preaccredited institution's compliance with its title IV, HEA program responsibilities, including the eligibility of the institution or program to participate in title IV, HEA programs. (b) If an agency has a policy regarding notification to an institution or program of contact with the Department in accordance with paragraph (a)(5) or (6) of this section, it must provide for a case-by-case review of the circumstances surrounding the contact, and the need for the confidentiality of that contact. When the Department determines a compelling need for confidentiality, the agency must consider that contact confidential upon specific request of the Department. | ||||
| 34:34:3.1.3.1.3.2.12.19 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.28 Regard for decisions of States and other accrediting agencies. | ED | (a) If the agency is an institutional accrediting agency, it may not accredit or preaccredit institutions that lack legal authorization under applicable State law to provide a program of education beyond the secondary level. (b) Except as provided in paragraph (c) of this section, the agency may not grant initial or renewed accreditation or preaccreditation to an institution, or a program offered by an institution, if the agency knows, or has reasonable cause to know, that the institution is the subject of— (1) A pending or final action brought by a State agency to suspend, revoke, withdraw, or terminate the institution's legal authority to provide postsecondary education in the State; (2) A decision by a recognized agency to deny accreditation or preaccreditation; (3) A pending or final action brought by a recognized accrediting agency to suspend, revoke, withdraw, or terminate the institution's accreditation or preaccreditation; or (4) Probation or an equivalent status imposed by a recognized agency. (c) The agency may grant accreditation or preaccreditation to an institution or program described in paragraph (b) of this section only if it provides to the Secretary, within 30 days of its action, a thorough and reasonable explanation, consistent with its standards, why the action of the other body does not preclude the agency's grant of accreditation or preaccreditation. (d) If the agency learns that an institution it accredits or preaccredits, or an institution that offers a program it accredits or preaccredits, is the subject of an adverse action by another recognized accrediting agency or has been placed on probation or an equivalent status by another recognized agency, the agency must promptly review its accreditation or preaccreditation of the institution or program to determine if it should also take adverse action or place the institution or program on probation or show cause. (e) The agency must, upon request, share with other appropriate recognized accrediting agencies and recognized State appro… | |||||
| 34:34:3.1.3.1.3.2.12.20 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.29 Severability. | ED | [84 FR 58926, Nov. 1, 2019] | If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice shall not be affected thereby. | ||||
| 34:34:3.1.3.1.3.2.9.1 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.10 Link to Federal programs. | ED | [64 FR 56617, Oct. 20, 1999, as amended at 85 FR 58918, Nov. 1, 2019] | The agency must demonstrate that— (a) If the agency accredits institutions of higher education, its accreditation is a required element in enabling at least one of those institutions to establish eligibility to participate in HEA programs. If, pursuant to 34 CFR 600.11(b), an agency accredits one or more institutions that participate in HEA programs and that could designate the agency as its link to HEA programs, the agency satisfies this requirement, even if the institution currently designates another institutional accrediting agency as its Federal link; or (b) If the agency accredits institutions of higher education or higher education programs, or both, its accreditation is a required element in enabling at least one of those entities to establish eligibility to participate in non-HEA Federal programs. | ||||
| 34:34:3.1.3.1.3.2.9.2 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.11 Geographic area of accrediting activities. | ED | [84 FR 58918, Nov. 1, 2019] | The agency must demonstrate that it conducts accrediting activities within— (a) A State, if the agency is part of a State government; (b) A region or group of States chosen by the agency in which an agency provides accreditation to a main campus, a branch campus, or an additional location of an institution. An agency whose geographic area includes a State in which a branch campus or additional location is located is not required to also accredit a main campus in that State. An agency whose geographic area includes a State in which only a branch campus or additional location is located is not required to accept an application for accreditation from other institutions in such State; or (c) The United States. | ||||
| 34:34:3.1.3.1.3.2.9.3 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.12 Accrediting experience. | ED | [84 FR 58918, Nov. 1, 2019] | (a) An agency seeking initial recognition must demonstrate that it has— (1) Granted accreditation or preaccreditation prior to submitting an application for recognition— (i) To one or more institutions if it is requesting recognition as an institutional accrediting agency and to one or more programs if it is requesting recognition as a programmatic accrediting agency; (ii) That covers the range of the specific degrees, certificates, institutions, and programs for which it seeks recognition; and (iii) In the geographic area for which it seeks recognition; and (2) Conducted accrediting activities, including deciding whether to grant or deny accreditation or preaccreditation, for at least two years prior to seeking recognition, unless the agency seeking initial recognition is affiliated with, or is a division of, an already recognized agency. (b)(1) A recognized agency seeking an expansion of its scope of recognition must follow the requirements of §§ 602.31 and 602.32 and demonstrate that it has accreditation or preaccreditation policies in place that meet all the criteria for recognition covering the range of the specific degrees, certificates, institutions, and programs for which it seeks the expansion of scope and has engaged and can show support from relevant constituencies for the expansion. A change to an agency's geographic area of accrediting activities does not constitute an expansion of the agency's scope of recognition, but the agency must notify the Department of, and publicly disclose on the agency's website, any such change. (2) An agency that cannot demonstrate experience in making accreditation or preaccreditation decisions under the expanded scope at the time of its application or review for an expansion of scope may— (i) If it is an institutional accrediting agency, be limited in the number of institutions to which it may grant accreditation under the expanded scope for a designated period of time; or (ii) If it is a programmatic accrediting agency, be limited in the number of programs to… | ||||
| 34:34:3.1.3.1.3.2.9.4 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | B | Subpart B—The Criteria for Recognition | § 602.13 [Reserved] | ED | ||||||
| 34:34:3.1.3.1.3.3.13.1 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.30 [Reserved] | ED | ||||||
| 34:34:3.1.3.1.3.3.13.2 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.31 Agency applications and reports to be submitted to the Department. | ED | [84 FR 58926, Nov. 1, 2019] | (a) Applications for recognition or renewal of recognition. An accrediting agency seeking initial or continued recognition must submit a written application to the Secretary. Each accrediting agency must submit an application for continued recognition at least once every five years, or within a shorter time period specified in the final recognition decision, and, for an agency seeking renewal of recognition, 24 months prior to the date on which the current recognition expires. The application, to be submitted concurrently with information required by § 602.32(a) and, if applicable, § 602.32(b), must consist of— (1) A statement of the agency's requested scope of recognition; (2) Documentation that the agency complies with the criteria for recognition listed in subpart B of this part, including a copy of its policies and procedures manual and its accreditation standards; and (3) Documentation of how an agency that includes or seeks to include distance education or correspondence courses in its scope of recognition applies its standards in evaluating programs and institutions it accredits that offer distance education or correspondence courses. (b) Applications for expansions of scope. An agency seeking an expansion of scope by application must submit a written application to the Secretary. The application must— (1) Specify the scope requested; (2) Provide copies of any relevant standards, policies, or procedures developed and applied by the agency for its use in accrediting activities conducted within the expansion of scope proposed and documentation of the application of these standards, policies, or procedures; and (3) Provide the materials required by § 602.32(j) and, if applicable, § 602.32(l). (c) Compliance or monitoring reports. If an agency is required to submit a compliance or monitoring report, it must do so within 30 days following the end of the period for achieving compliance as specified in the decision of the senior Department official or Secretary, as applicable. (d) Review following… | ||||
| 34:34:3.1.3.1.3.3.13.3 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.32 Procedures for submitting an application for recognition, renewal of recognition, expansion of scope, compliance reports, and increases in enrollment. | ED | [84 FR 58927, Nov. 1, 2019, as amended at 87 FR 63692, Oct. 20, 2022] | (a) An agency preparing for renewing recognition will submit, 24 months prior to the date on which the current recognition expires, and in conjunction with the materials required by § 602.31(a), a list of all institutions or programs that the agency plans to consider for an award of initial or renewed accreditation over the next year or, if none, over the succeeding year, as well as any institutions or programs currently subject to compliance report review or reporting requirements. An agency that does not anticipate a review of any institution or program for an initial award of accreditation or renewed accreditation in the 24 months prior to the date of recognition expiration may submit a list of institutions or programs it has reviewed for an initial award of accreditation or renewal of accreditation at any time since the prior award of recognition or leading up to the application for an initial award of recognition. (b) An agency seeking initial recognition must follow the policies and procedures outlined in paragraph (a) of this section, but in addition must also submit— (1) Letters of support for the agency from at least three accredited institutions or programs, three educators, and, if appropriate, three employers or practitioners, explaining the role for such an agency and the reasons for their support; and (2) Letters from at least one program or institution that will rely on the agency as its link to a Federal program upon recognition of the agency or intends to seek multiple accreditation which will allow it in the future to designate the agency as its Federal link. (c) Department staff publishes a notice of the agency's submission of an application in the Federal Register inviting the public to comment on the agency's compliance with the criteria for recognition and establishing a deadline for receipt of public comment. (d) The Department staff analyzes the agency's application for initial or renewal of recognition, to determine whether the agency satisfies the criteria for recognition, taking … | ||||
| 34:34:3.1.3.1.3.3.13.4 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.33 Procedures for review of agencies during the period of recognition, including the review of monitoring reports. | ED | [84 FR 58928, Nov. 1, 2019] | (a) Department staff may review the compliance of a recognized agency with the criteria for recognition at any time— (1) Based on the submission of a monitoring report as directed by a decision by the senior Department official or Secretary; or (2) Based on any information that, as determined by Department staff, appears credible and raises concerns relevant to the criteria for recognition. (b) The review may include, but need not be limited to, any of the activities described in § 602.32(d) and (f). (c) If, in the course of the review, and after providing the agency the documentation concerning the inquiry and consulting with the agency, Department staff notes that one or more deficiencies may exist in the agency's compliance with the criteria for recognition or in the agency's effective application of those criteria, Department staff— (1) Prepares a written draft analysis of the agency's compliance with the criteria of concern; (2) Sends to the agency the draft analysis including any identified areas of noncompliance and all supporting documentation; (3) Invites the agency to provide a written response to the draft analysis within 90 days; and (4) Reviews any response provided by the agency, including any monitoring report submitted, and either— (i) Concludes the review; (ii) Continues monitoring of the agency's areas of deficiencies; or (iii)(A) Notifies the agency, in the event that the agency's response or monitoring report does not satisfy the staff, that the draft analysis will be finalized for presentation to the Advisory Committee; (B) Publishes a notice in the Federal Register with an invitation for the public to comment on the agency's compliance with the criteria in question and establishing a deadline for receipt of public comment; (C) Provides the agency with a copy of all public comments received and invites a written response from the agency; (D) Finalizes the staff analysis as necessary to reflect its review of any agency response and any public comment received; (E) Provides to … | ||||
| 34:34:3.1.3.1.3.3.14.5 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.34 Advisory Committee meetings. | ED | [84 FR 58929, Nov. 1, 2019] | (a) Department staff submits a proposed schedule to the Chairperson of the Advisory Committee based on anticipated completion of staff analyses. (b) The Chairperson of the Advisory Committee establishes an agenda for the next meeting and, in accordance with the Federal Advisory Committee Act, presents it to the Designated Federal Official for approval. (c) Before the Advisory Committee meeting, Department staff provides the Advisory Committee with— (1) The agency's application for recognition, renewal of recognition, or expansion of scope when Advisory Committee review is required, or the agency's compliance report and supporting documentation submitted by the agency; (2) The final Department staff analysis of the agency developed in accordance with § 602.32 or § 602.33, and any supporting documentation; (3) The agency's response to the draft analysis; (4) Any written third-party comments the Department received about the agency on or before the established deadline; (5) Any agency response to third-party comments; and (6) Any other information Department staff relied upon in developing its analysis. (d) At least 30 days before the Advisory Committee meeting, the Department publishes a notice of the meeting in the Federal Register inviting interested parties to make oral presentations before the Advisory Committee. (e) The Advisory Committee considers the materials provided under paragraph (c) of this section in a public meeting and invites Department staff, the agency, and other interested parties to make oral presentations during the meeting. A transcript is made of all Advisory Committee meetings. (f) The written motion adopted by the Advisory Committee regarding each agency's recognition will be made available during the Advisory Committee meeting. The Department will provide each agency, upon request, with a copy of the motion on recognition at the meeting. Each agency that was reviewed will be sent an electronic copy of the motion relative to that agency as soon as practicable after the meeting… | ||||
| 34:34:3.1.3.1.3.3.14.6 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.35 Responding to the Advisory Committee's recommendation. | ED | [74 FR 55430, Oct. 27, 2009, as amended at 84 FR 58929, Nov. 1, 2019] | (a) Within ten business days following the Advisory Committee meeting, the agency and Department staff may submit written comments to the senior Department official on the Advisory Committee's recommendation. The agency must simultaneously submit a copy of its written comments, if any, to Department staff. Department staff must simultaneously submit a copy of its written comments, if any, to the agency. (b) Comments must be limited to— (1) Any Advisory Committee recommendation that the agency or Department staff believes is not supported by the record; (2) Any incomplete Advisory Committee recommendation based on the agency's application; and (3) The inclusion of any recommendation or draft proposed decision for the senior Department official's consideration. (c)(1) Neither the Department staff nor the agency may submit additional documentationwith its comments unless the Advisory Committee's recognition recommendation proposes finding the agency noncompliant with, or ineffective in its application of, a criterion or criteria for recognition not identified in the final Department staff analysis provided to the Advisory Committee. (2) Within ten business days of receipt by the Department staff of an agency's comments or new evidence, if applicable, or of receipt by the agency of the Department staff's comments, Department staff, the agency, or both, as applicable, may submit a response to the senior Department official. Simultaneously with submission, the agency must provide a copy of any response to the Department staff. Simultaneously with submission, Department staff must provide a copy of any response to the agency. No additional comments or new documentation may be submitted after the responses described in this paragraph are submitted. | ||||
| 34:34:3.1.3.1.3.3.15.7 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.36 Senior Department official's decision. | ED | [84 FR 58929, Nov. 1, 2019] | (a) The senior Department official makes a decision regarding recognition of an agency based on the record compiled under §§ 602.32, 602.33, 602.34, and 602.35 including, as applicable, the following: (1) The materials provided to the Advisory Committee under § 602.34(c). (2) The transcript of the Advisory Committee meeting. (3) The recommendation of the Advisory Committee. (4) Written comments and responses submitted under § 602.35. (5) New documentation submitted in accordance with § 602.35(c)(1). (6) A communication from the Secretary referring an issue to the senior Department official's consideration under § 602.37(e). (b) In the event that statutory authority or appropriations for the Advisory Committee ends, or there are fewer duly appointed Advisory Committee members than needed to constitute a quorum, and under extraordinary circumstances when there are serious concerns about an agency's compliance with subpart B of this part that require prompt attention, the senior Department official may make a decision on an application for renewal of recognition or compliance report on the record compiled under § 602.32 or § 602.33 after providing the agency with an opportunity to respond to the final staff analysis. Any decision made by the senior Department official under this paragraph from the Advisory Committee may be appealed to the Secretary as provided in § 602.37. (c) Following consideration of an agency's recognition under this section, the senior Department official issues a recognition decision. (d) Except with respect to decisions made under paragraph (f) or (g) of this section and matters referred to the senior Department official under § 602.37(e) or (f), the senior Department official notifies the agency in writing of the senior Department official's decision regarding the agency's recognition within 90 days of the Advisory Committee meeting or conclusion of the review under paragraph (b) of this section. (e) The senior Department official's decision may include, but is not limited to, appr… | ||||
| 34:34:3.1.3.1.3.3.16.10 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.39 Severability. | ED | [84 FR 58931, Nov. 1, 2019] | If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice shall not be affected thereby. | ||||
| 34:34:3.1.3.1.3.3.16.8 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.37 Appealing the senior Department official's decision to the Secretary. | ED | [84 FR 58931, Nov. 1, 2019] | (a) The agency may appeal the senior Department official's decision to the Secretary. Such appeal stays the decision of the senior Department official until final disposition of the appeal. If an agency wishes to appeal, the agency must— (1) Notify the Secretary and the senior Department official in writing of its intent to appeal the decision of the senior Department official, no later than 10 business days after receipt of the decision; (2) Submit its appeal to the Secretary in writing no later than 30 days after receipt of the decision; and (3) Provide the senior Department official with a copy of the appeal at the same time it submits the appeal to the Secretary. (b) The senior Department official may file a written response to the appeal. To do so, the senior Department official must— (1) Submit a response to the Secretary no later than 30 days after receipt of a copy of the appeal; and (2) Provide the agency with a copy of the senior Department official's response at the same time it is submitted to the Secretary. (c) Once the agency's appeal and the senior Department official's response, if any, have been provided, no additional written comments may be submitted by either party. (d) Neither the agency nor the senior Department official may include in its submission any new documentation it did not submit previously in the proceeding. (e) On appeal, the Secretary makes a recognition decision, as described in § 602.36(e). If the decision requires a compliance report, the report is due within 30 days after the end of the period specified in the Secretary's decision. The Secretary renders a final decision after taking into account the senior Department official's decision, the agency's written submissions on appeal, the senior Department official's response to the appeal, if any, and the entire record before the senior Department official. The Secretary notifies the agency in writing of the Secretary's decision regarding the agency's recognition. (f) The Secretary may determine, based on the record, … | ||||
| 34:34:3.1.3.1.3.3.16.9 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | C | Subpart C—The Recognition Process | § 602.38 Contesting the Secretary's final decision to deny, limit, suspend, or terminate an agency's recognition. | ED | An agency may contest the Secretary's decision under this part in the Federal courts as a final decision in accordance with applicable Federal law. Unless otherwise directed by the court, a decision of the Secretary to deny, limit, suspend, or terminate the agency's recognition is not stayed during an appeal in the Federal courts. | |||||
| 34:34:3.1.3.1.3.4.17.1 | 34 | Education | VI | 602 | PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES | D | Subpart D—Department Responsibilities | § 602.50 What information does the Department share with a recognized agency about its accredited institutions and programs? | ED | (a) If the Department takes an action against an institution or program accredited by the agency, it notifies the agency no later than 10 days after taking that action. (b) If another Federal agency or a State agency notifies the Department that it has taken an action against an institution or program accredited by the agency, the Department notifies the agency as soon as possible but no later than 10 days after receiving the written notice from the other Government agency. | |||||
| 49:49:7.1.2.1.3.0.1.1 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.1 Purpose. | FTA | This part establishes the procedures and eligibility requirements for the administration of emergency relief funds for emergency public transportation services, and the protection, replacement, repair or reconstruction of public transportation equipment and facilities which are found to have suffered or are in danger of suffering serious damage resulting from a natural disaster affecting a wide area or a catastrophic failure from an external cause. | |||||||
| 49:49:7.1.2.1.3.0.1.2 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.3 Applicability. | FTA | This part applies to entities that provide public transportation services and that are impacted by emergencies and major disasters. | |||||||
| 49:49:7.1.2.1.3.0.1.3 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.5 Definitions. | FTA | The following definitions apply to this part: Affected recipient. A recipient or subrecipient that operates public transportation service in an area impacted by an emergency or major disaster. Applicant. An entity that operates or allocates funds to an entity to operate public transportation service and that applies for a grant under 49 U.S.C. 5324. Building. For insurance purposes, a structure with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site. This includes manufactured or modular office trailers that are built on a permanent chassis, transported to a site in one or more sections, and affixed to a permanent foundation. Catastrophic failure. The sudden failure of a major element or segment of the public transportation system due to an external cause. The failure must not be primarily attributable to gradual and progressive deterioration, lack of proper maintenance or a design flaw. Contents coverage. For insurance purposes, contents are personal property within a building, including fixtures, machinery, equipment and supplies. In addition to the costs to repair or replace, contents insurance coverage shall include the cost of debris removal and the reasonable cost of removal of contents to minimize damage. Emergency. A natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm or landslide) or a catastrophic failure from any external cause, as a result of which: (1) The Governor of a State has declared an emergency and the Secretary of Transportation has concurred; or (2) The President has declared a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). Emergency operations. The net project cost of temporary service that is outside the scope of an affected recipient's normal operations, including but not limited to: evacuations; rescue operations; bus, ferry, or rail service to replace inoperable service or to detour around damaged areas; additional se… | |||||||
| 49:49:7.1.2.1.3.0.1.4 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.7 Policy. | FTA | (a) The Emergency Relief Program is intended to aid recipients and subrecipients in restoring public transportation service and in repairing and reconstructing public transportation assets to a state of good repair as expeditiously as possible following an emergency or major disaster. (b) Emergency relief funds are not intended to supplant other Federal funds for the correction of preexisting, non-disaster related deficiencies. (c) Following an emergency, affected recipients may include projects that increase the resilience of affected public transportation systems to protect the systems from the effects of future emergencies and major disasters. (d) The expenditure of emergency relief funds for emergency repair shall be in such a manner so as to reduce, to the greatest extent feasible, the cost of permanent restoration work completed after the emergency or major disaster. (e) Emergency relief funds, or funds made available under 49 U.S.C. 5307 (Urbanized Area Formula Program) or 49 U.S.C. 5311 (Rural Area Formula Program) awarded for emergency relief purposes shall not duplicate assistance under another Federal program or compensation from insurance or any other source. Partial compensation for a loss by other sources will not preclude FTA emergency relief fund assistance for the part of such loss not compensated otherwise. Any compensation for damages or insurance proceeds for repair or replacement of the public transit equipment or facility must be used upon receipt to reduce FTA's emergency relief fund participation in the project. (1) If a recipient receives insurance proceeds that are directly attributable to specific assets, the recipient must: (i) Apply those proceeds to the cost of replacing or repairing the damaged or destroyed project property; or (ii) Return to FTA an amount equal to the remaining Federal interest in the lost, damaged, or destroyed project property. (2) If under the terms of its policy a recipient receives insurance proceeds that are not attributable to specific assets, such a… | |||||||
| 49:49:7.1.2.1.3.0.1.5 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.9 Federal share. | FTA | (a) A grant, contract, or other agreement for emergency operations, emergency protective measures, emergency repairs, permanent repairs and resilience projects under 49 U.S.C. 5324 shall be for up to 80 percent of the net project cost. (b) A grant made available under 49 U.S.C. 5307 or 49 U.S.C. 5311 to address an emergency shall be for up to 80 percent of the net project cost for capital projects, and up to 50 percent of the net project cost for operations projects. (c) The FTA Administrator may waive, in whole or part, the non-Federal share required under paragraphs (a) and (b) of this section. | |||||||
| 49:49:7.1.2.1.3.0.1.6 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.11 Pre-award authority. | FTA | (a) Except as provided in paragraph (c) of this section, pre-award authority for the Emergency Relief Program shall be effective beginning on the first day of the incident period, subject to the appropriation of Emergency Relief Program funds. (b) Recipients may use section 5307 or section 5311 formula funds to address an emergency, and, except as provided in paragraph (c) of this section, pre-award authority shall be effective beginning on the first day of the incident period of the emergency or major disaster. (c) For expected weather events, pre-award authority for evacuations and activities to protect public transportation vehicles, equipment and facilities, shall be effective in advance of the event under the following conditions: (1) The Governor of a State declares a state of emergency and requests concurrence by the Secretary of Transportation or makes a request to the President for an emergency declaration, in advance or anticipation of the impact of an incident that threatens such damage as could result in a major disaster; (2) The Governor takes appropriate action under State law and directs execution of the State emergency plan; (3) The activities are required in anticipation of the event; and (4) Assistance for a pre-disaster emergency declaration is limited to Emergency Protective Measures and Emergency Operations. (d) Pre-award authority shall be subject to a maximum amount determined by FTA based on estimates of immediate financial need, preliminary damage assessments, available Emergency Relief funds and other criteria to be determined in response to a particular event. (e) Pre-award authority is not a legal or implied commitment that the subject project will be approved for FTA assistance or that FTA will obligate Federal funds. Furthermore, it is not a legal or implied commitment that all activities undertaken by the applicant will be eligible for inclusion in the project(s). (f) Except as provided in § 602.15, all FTA statutory, procedural, and contractual requirements must be met. (… | |||||||
| 49:49:7.1.2.1.3.0.1.7 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.13 Eligible activities. | FTA | (a) An affected recipient may apply for emergency relief funds on behalf of itself as well as affected subrecipients. (b) Eligible uses of Emergency Relief funds include: (1) Emergency operations; (2) Emergency protective measures; (3) Emergency repairs; (4) Permanent repairs; (5) Actual engineering and construction costs on approved projects; (6) Repair or replacement of spare parts that are the property of an affected recipient or subrecipient and held in the normal course of business that are damaged or destroyed; and (7) Resilience projects. (c) Ineligible uses of Emergency Relief funds include: (1) Heavy maintenance; (2) Project costs for which the recipient has received funding from another Federal agency; (3) Project costs for which the recipient has received funding through payments from insurance policies; (4) Except for resilience projects that have been approved in advance, projects that change the function of the original infrastructure; (5) Projects for which funds were obligated in an FTA grant prior to the declared emergency or major disaster; (6) Reimbursements for lost revenue due to service disruptions caused by an emergency or major disaster; (7) Project costs associated with the replacement or replenishment of damaged or lost material that are not the property of the affected recipient and not incorporated into a public transportation system such as stockpiled materials or items awaiting installation; and (8) Other project costs FTA determines are not appropriate for the Emergency Relief Program. | |||||||
| 49:49:7.1.2.1.3.0.1.8 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.15 Grant requirements. | FTA | (a) Funding available under the Emergency Relief program is subject to the terms and conditions FTA determines are necessary. (b) The FTA Administrator shall determine the terms and conditions based on the circumstances of a specific emergency or major disaster for which funding is available under the Emergency Relief Program. (1) In general, projects funded under the Emergency Relief Program shall be subject to the requirements of chapter 53 of title 49, United States Code, as well as cross-cutting requirements, including but not limited to those outlined in FTA's Master Agreement. (2) The FTA Administrator may determine that certain requirements associated with public transportation programs are inapplicable as necessary and appropriate for emergency repairs, permanent repairs, emergency protective measures and emergency operating expenses that are incurred within 45 days of the emergency or major disaster, or longer as determined by FTA. If the FTA Administrator determines any requirement is inapplicable, the determination shall apply to all eligible activities undertaken with funds authorized under 49 U.S.C. 5324 within the 45-day period, as well as funds authorized under 49 U.S.C. 5307 and 5311 and used for eligible emergency relief activities. (3) FTA shall publish a notice on its Web site and in the emergency relief docket established under 49 CFR part 601 regarding the grant requirements for a particular emergency or major disaster. (c) In the event an affected recipient or subrecipient believes an FTA requirement limits its ability to respond to the emergency or major disaster, the recipient or subrecipient may request that the requirement be waived in accordance with the emergency relief docket process as outlined in 49 CFR part 601, subpart D. Applicants should not proceed on projects assuming that requests for such waivers will be granted. (d) In accordance with Executive Order 11988, Floodplain Management, recipients shall not use grant funds for any activity in an area delineated as a special … | |||||||
| 49:49:7.1.2.1.3.0.1.9 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.17 Application procedures. | FTA | (a) As soon as practical after an emergency, major disaster or catastrophic failure, affected recipients shall make a preliminary field survey, working cooperatively with the appropriate FTA Regional Administrator and other governmental agencies with jurisdiction over affected public transportation systems. The preliminary field survey should be coordinated with the Federal Emergency Management Agency, if applicable, to eliminate duplication of effort. The purpose of this survey is to determine the general nature and extent of damage to eligible public transportation systems. (1) The affected recipient shall prepare a damage assessment report. The purpose of the damage assessment report is to provide a factual basis for the FTA Regional Administrator's finding that serious damage to one or more public transportation systems has been caused by a natural disaster affecting a wide area, or a catastrophic failure. As appropriate, the damage assessment report should include by political subdivision or other generally recognized administrative or geographic boundaries— (i) The specific location, type of facility or equipment, nature and extent of damage; (ii) The most feasible and practical method of repair or replacement; (iii) A preliminary estimate of cost of restoration, replacement, or reconstruction for damaged systems in each jurisdiction. (iv) Potential environmental and historic impacts; (v) Photographs showing the kinds and extent of damage and sketch maps detailing the damaged areas; (vi) Recommended resilience projects to protect equipment and facilities from future emergencies or major disasters; and (vii) An evaluation of reasonable alternatives, including change of location, addition of resilience/mitigation elements, and any other alternative the recipient considered, for any damaged transit facility that has been previously repaired or reconstructed as a result of an emergency or major disaster. (2) Unless unusual circumstances prevail, the initial damage assessment report should be prepared w… |
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