cfr_sections
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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 |
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| 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. |
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