34 CFR § 222.116 - How are withholding procedures initiated under this subpart?

---
identifier: "/us/cfr/t34/s222.116"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 222.116 - How are withholding procedures initiated under this subpart?"
title_number: 34
title_name: "Education"
section_number: "222.116"
section_name: "How are withholding procedures initiated under this subpart?"
chapter_name: "OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION"
part_number: "222"
part_name: "IMPACT AID PROGRAMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 222.116 How are withholding procedures initiated under this subpart?

(a) If the Assistant Secretary decides to withhold an LEA's funds, the Assistant Secretary issues a written notice of intent to withhold the LEA's payments.

(b) In the written notice, the Assistant Secretary—

(1) Describes how the LEA failed to comply with the requirements at issue; and

(2)(i) Advises an LEA that has participated in an IPP hearing that it may request, in accordance with § 222.117(c), that its payments not be withheld; or

(ii) Advises an LEA that has not participated in an IPP hearing that it may request a withholding hearing in accordance with § 222.117(d).

(c) The Assistant Secretary sends a copy of the written notice of intent to withhold payments to the LEA and the affected Indian tribe or tribes by certified mail with return receipt requested.

(Authority: 20 U.S.C. 7704 (a), (b), (d)(2), and (e) (8)-(9))