(a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the Department head.

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Terms Used In 34 CFR 33.41

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

(b) No administrative stay is available following a final decision of the Department head.

(Authority: 31 U.S.C. § 3809)