1. (a)

   1. (1) The Secretary issues a final decision. The Secretary may affirm, modify, or reverse the decision of the hearing official, or may remand the case to the hearing official for further proceedings consistent with the Secretary's decision.
   2. (2) The Secretary may delegate the performance of functions under this section to a designated department official.

2. (b) If the Secretary modifies, remands, or overturns the initial decision of the hearing official, the Secretary issues a decision that—

   1. (1) Includes a statement of the reasons for this action;
   2. (2) Is provided to both parties; and

   3. (3) Unless the decision is remanded to the hearing official for further review or determination of fact, becomes final upon its issuance.

      (Authority: 20 U.S.C. 1094)

[52 FR 30115, Aug. 12, 1987, correctly designated at 52 FR 46354, Dec. 7, 1987, as amended at 57 FR 47753, Oct. 19, 1992; 57 FR 60035, Dec. 17, 1992]