20 U.S.C. § 1234d — Withholding

(a) Discretionary authority over further payments under applicable program In accordance with section 1234c of this title, the Secretary may withhold from a recipient, in whole or in part, further payments (including payments for administrative costs) under an applicable program. (b) Notice requirements Before withholding payments, the Secretary must notify the recipient, in writing, of— (1) the intent to withhold payments; (2) the factual and legal basis for the Secretary’s belief that the recipient has failed to comply substantially with a requirement of law; and (3) an opportunity for a hearing to be held on a date at least 30 days after the notification has been sent to the recipient. (c) Hearing The hearing must be held before the Office and must be conducted under the rules prescribed under subsections (f) and (g) of section 1234 of this title. (d) Suspension of payments, authorities, etc. Pending the outcome of any hearing under this section, the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate Federal funds, or both, after such recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate Federal funds should not be suspended. (e) Findings of fact Upon review of a decision of the Office by the Secretary, the findings of fact by the Office, if supported by substantial evidence, must be conclusive. However, the Secretary, for good cause shown, may remand the case to the Office to take further evidence, and the Office may thereupon make new or modified findings of fact and may modify its previous action. Such new or modified findings of fact must likewise be conclusive if supported by substantial evidence. (f) Final agency action The decision of the Office in any hearing under this section must become final agency action 60 days after the recipient receives written notice of the decision unless the Secretary either— (1) modifies or sets aside the decision, in whole or in part, in which case the decision of the Secretary must become final agency action when the recipient receives written notice of the Secretary’s action; or (2) remands the decision of the Office.