UNITED STATES DEPARTMENT OF EDUCATION
WASHINGTON, D.C. 20202
In the Matter of
Docket No. 98-39-SA
INTERNATIONAL BUSINESS COLLEGE,
________________________________________ ACN: 069674077
On February 11, 1998, the Student Financial Assistance Programs (SFAP), U.S.
Department of Education , issued a final audit determination in this case. By letter dated March
20, 1998, Respondent appealed finding # 10 of that determination.
On April 20, 1998, I issued an Order Governing proceeding wherein Respondent, as the
party with the burden of proof, see 34 C.F.R. § 668.116(d) (1997), was ordered to file its initial
brief and exhibits by May 21, 1998. No documents were filed by the Respondent in response to
that order. On June 4, 1998, I issued an order for Respondent to show cause by July 6, 1998, as
to why this proceeding should not be dismissed and a judgment entered upholding the final audit
determination. The Order to Show Cause was sent to Respondent by certified mail, return receipt
requested, addressed to Mr. Kirk Winters, President, International Business College, 4630 50th
Street, Lubbock, Texas, 79414. The return receipt indicates that Respondent received the Order
to Show Cause on June 8, 1998. 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 the party if that party does not meet time frames established pursuant to my
orders. 34 C.F.R. § 668.117(c)(3) (1997). 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 finding # 10 of the final audit determination and conclude that the
finding sufficiently states allegations that require Respondent to carry its burden of proof. See
Sinclair Community College, 75 Ed. Law Rep. 1296 (U.S. Dept. of Educ., 1991). Respondent's
failure to submit any evidence to rebut the SFAP finding 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 requirements.
ORDERED, that finding # 10 of the final audit determination issued by SFAP on
February 11, 1998, is affirmed.
Frank K. Krueger, Jr.
Dated: September 4, 1998
Mr. Kirk Winters, President
International Business College
4630 50th Street
Lubbock, TX 79414
Howard D. Sorensen, Esq.
Office of the General Counsel
U.S. Department of Education
600 Independence Avenue, S.W.
Washington, D.C. 20202-2110