# 34 CFR § 602.38: Contesting the Secretary's final decision to deny, limit, suspend, or terminate an agency's recognition

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-34-602.38

## Section

- **Citation:** 34 CFR § 602.38
- **Heading:** Contesting the Secretary's final decision to deny, limit, suspend, or terminate an agency's recognition
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 34—Education > Subtitle B—Regulations of the Offices of the Department of Education > CHAPTER VI—OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION > PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES > Subpart C—The Recognition Process > Appeal Rights and Procedures

## Text

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

## Nearby sections

- [34 CFR § 602.31 § 602.31 Agency applications and reports to be submitted to the Department.](https://www.frixlaw.com/law-library/statutes/ecfr-34-602.31.md)
- [34 CFR § 602.32 § 602.32 Procedures for submitting an application for recognition, renewal of recognition, expansion of scope, compliance reports, and increases in enrollment.](https://www.frixlaw.com/law-library/statutes/ecfr-34-602.32.md)
- [34 CFR § 602.33 § 602.33 Procedures for review of agencies during the period of recognition, including the review of monitoring reports.](https://www.frixlaw.com/law-library/statutes/ecfr-34-602.33.md)
- [34 CFR § 602.34 § 602.34 Advisory Committee meetings.](https://www.frixlaw.com/law-library/statutes/ecfr-34-602.34.md)
- [34 CFR § 602.35 § 602.35 Responding to the Advisory Committee's recommendation.](https://www.frixlaw.com/law-library/statutes/ecfr-34-602.35.md)
- [34 CFR § 602.36 § 602.36 Senior Department official's decision.](https://www.frixlaw.com/law-library/statutes/ecfr-34-602.36.md)
- [34 CFR § 602.37 § 602.37 Appealing the senior Department official's decision to the Secretary.](https://www.frixlaw.com/law-library/statutes/ecfr-34-602.37.md)
- [34 CFR § 602.38 § 602.38 Contesting the Secretary's final decision to deny, limit, suspend, or terminate an agency's recognition.](https://www.frixlaw.com/law-library/statutes/ecfr-34-602.38.md)
- [34 CFR § 602.39 § 602.39 Severability.](https://www.frixlaw.com/law-library/statutes/ecfr-34-602.39.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-34-602.38. Check the current official text before relying on it. Not legal advice.