(a) Notice of determination. For each award year for which the Secretary calculates a D/E rates measure for a GE program, the Secretary issues a notice of determination informing the institution of the following:
(1) The final D/E rates for the program as determined under Sec. 668.404, Sec. 668.405, and, if applicable, Sec. 668.406;
(2) The final determination by the Secretary of whether the program is passing, failing, in the zone, or ineligible, as described in Sec. 668.403, and the consequences of that determination;
(3) Whether the program could become ineligible based on its final D/E rates for the next award year for which D/E rates are calculated for the program;
(4) Whether the institution is required to provide the student warning under Sec. 668.410(a); and
(5) If the program's final D/E rates are failing or in the zone, instructions on how it may make an alternate earnings appeal pursuant to Sec. 668.406.
(b) Effective date of Secretary's final determination. The Secretary's determination as to the D/E rates measure is effective on the date that is specified in the notice of determination. The determination, including, as applicable, the determination with respect to an appeal under Sec. 668.406, constitutes the final decision of the Secretary with respect to the D/E rates measure and the Secretary provides for no further appeal of that determination. (Authority: 20 U.S.C. 1001, 1002, 1088, 1094)