Section 4663 - Department Investigation Procedures(a) The investigator(s) shall request all documentation and other evidence regarding the allegations in the complaint.(b) The investigation shall include an opportunity for the complainant, or the complainant's representative, or both, to present the evidence or information leading to evidence to support the allegations of non-compliance with state and federal laws and/or regulations.(c) Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegations.(d) Refusal by the local educational agency to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.Cal. Code Regs. Tit. 5, § 4663
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
3. Amendment of section and NOTE filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21). Note: Authority cited: Sections 221.1, 33031 and 33315, Education Code. Reference: Sections 200 and 220, Education Code; Sections 11135 and 11136, Government Code; and 34 C.F.R. Sections 76.1, 106.8 and 299.10(a)(2).
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4(Register 2005, No. 52).
3. Amendment of section and Note filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).