UNITED STATES DEPARTMENT OF EDUCATION
WASHINGTON, D.C. 20202
In the Matter of Docket No. 96-163-SP
BRUNO ACADEMY OF BEAUTY, Student Financial Assistance Proceeding
On October 25, 1996, the Student Financial Assistance Programs (SFAP), U.S. Department of Education, issued a final program review determination in this case. By letter signed by Mr. Bruno Castelvetere, Owner, the Respondent appealed that determination. On January 6, 1997, I issued an Order Governing Proceeding wherein Respondent, as the party with the burden of proof, see 34 C.F.R. § 668.116(d) (1996), was ordered to file its inital brief and exhibits on or before February 6, 1997. No documents were filed by Respondent in response to that order. On February 25, 1997, SFAP, through counsel, filed a Motion for Termination of Proceedings and Entry of Judgment Against Respondent. On February 26, 1997, I issued an order for Respondent to show cause by March 17, 1997, why SFAP's motion should not be granted. The Order to Show Cause was sent to Respondent by certified mail, return receipt requested, addressed to Mr. Bruno Castelvetere, Owner, Bruno Academy of Beauty, 22065 Michigan Ave., Dearborn, MI 48124. The return receipt indicates that Respondent received the Order to Show Cause on March 1, 1997. Respondent has filed no documents or otherwise responded to the Order to Show Cause.
In accordance with my obligation to regulate the course of this proceeding and the
conduct of the parties, I have the authority to terminate the hearing process and to issue a
decision against a party if that party does not meet time limits established pursuant to my orders.
34 C.F.R. § 668.117(c)(3) (1996). As such, I find that Respondent's failure to file submissions in
compliance with my orders warrants the termination of this proceeding. In addition, I have
examined the final program review determination and conclude that the findings contained
therein sufficiently state allegations that require Respondent to carry its burden of proof in this
proceeding. See In re Sinclair Community College, 75 Educ. L. Rep. 1296 (U.S. Dept. of Educ.,
1991). Respondent's failure to submit any evidence to rebut the SFAP findings leaves me with
no alternative but to find that Respondent has failed to carry its burden of proof establishing that
the expenditures questioned by SFAP were proper and that it complied with all program
Frank K. Krueger, Jr.
Dated: March 24, 1997
Kelly J. Andrews, Esq.
Office of the General Counsel
U.S. Department of Education
600 Independence Avenue, S.W.
Washington, D.C. 20202-2110