§ 602.33 - Procedures for review of agencies during the period of recognition, including the review of monitoring reports.

§ 602.33 Procedures for review of agencies during the period of recognition.

Cross Reference

Link to an amendment published at 84 FR 58928, Nov. 1, 2019.

, including the review of monitoring reports.

(a) Department staff may review the compliance of a recognized agency with the criteria for recognition at any time -

(1) At Based on the request of the Advisory Committeesubmission 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 issues 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(bd) and (df).

(c) If, in the course of the review, and after provision to providing the agency of the documentation concerning the inquiry and consultation 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, it Department staff -

(1) Prepares a written draft analysis of the agency's compliance with the criteria of concern. The draft analysis reflects the results of the review, and includes a recommendation regarding what action to take with respect to recognition. Possible recommendations include, but are not limited to, a recommendation to limit, suspend, or terminate recognition, or require the submission of a compliance report and to continue recognition pending a final decision on compliance;

(2) Sends to the agency the draft analysis including any identified areas of non-compliance, and a proposed recognition recommendation, and noncompliance and all supporting documentation to the agency; and

(3) Invites the agency to provide a written response to the draft analysis and proposed recognition recommendation, specifying a deadline that provides at least 30 days for the agency's response.

(d) If, after review of the agency's response to the draft analysis, Department staff concludes that the agency has demonstrated compliance with the criteria for recognition, the staff notifies the agency in writing of the results of the review. If the review was requested by the Advisory Committee, staff also provides the Advisory Committee with the results of the review.

(e) If, after review of the agency's response to the draft analysis, Department staff concludes that the agency has not demonstrated compliance, the staff -

(1) Notifies the agency

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;

(

2

B) Publishes a notice in the Federal Register

including, if practicable,

with an invitation

to

for the public to comment on the agency's compliance with the criteria in question and establishing a deadline for receipt of public comment;

(

3

C) Provides the agency with a copy of all public comments received and

, if practicable,

invites a written response from the agency;

(

4

D) Finalizes the staff analysis as necessary to reflect its review of any agency response and any public comment received;

and

(

5

E) Provides to the agency, no later than

seven

30 days before the Advisory Committee meeting, the final staff analysis and a recognition recommendation and any other information provided to the Advisory Committee under § 602.34(c)

.

; and

(

f) The

F) Submits the matter for review by the Advisory Committee

reviews the matter

in accordance with § 602.34.

(Authority: 20 U.S.C. 1099b)

[84 FR 58928, Nov. 1, 2019]