34 CFR § 222.104 - When does the Assistant Secretary consider a complaint received?

---
identifier: "/us/cfr/t34/s222.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 222.104 - When does the Assistant Secretary consider a complaint received?"
title_number: 34
title_name: "Education"
section_number: "222.104"
section_name: "When does the Assistant Secretary consider a complaint received?"
chapter_name: "OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION"
part_number: "222"
part_name: "IMPACT AID PROGRAMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted."
regulatory_source: "60 FR 50778, Sept. 29, 1995, unless otherwise noted."
cfr_part: "222"
---


# 222.104 When does the Assistant Secretary consider a complaint received?

(a) The Assistant Secretary considers a complaint to have been received only after the Assistant Secretary determines that the complaint—

(1) Satisfies the requirements in §§ 222.102 and 222.103; and

(2) Is in writing and signed by the tribal chairman or the tribe's authorized designee.

(b) If the Assistant Secretary determines that a complaint fails to meet the requirements in §§ 222.102-222.103, the Assistant Secretary notifies the tribe or its designee in writing that the complaint has been dismissed for purposes of invoking the hearing procedures in §§ 222.102-222.113.

(c) Any notification that a complaint has been dismissed includes the reasons why the Assistant Secretary determined that the complaint did not meet the requirements in §§ 222.102 and 222.103.

(d) Notification that a complaint has been dismissed does not preclude other efforts to investigate or resolve the issues raised in the complaint, including the filing of an amended complaint.

(Authority: 20 U.S.C. 7704(e)(1))