Whenever at any stage of the proceeding the Office of Administrative Hearings determines, by motion or suggestion of a party or on its own initiative, that the action taken by the State Department of Education which is challenged by the petition is not within the jurisdiction granted by Education Code Section 8402, the hearing on the petition shall proceed no further and the appeal shall be dismissed. The decision to dismiss shall be confirmed in writing and set forth the reason(s) for dismissal.
Cal. Code Regs. Tit. 1, § 1126
Note: Authority cited: Section 8404, Education Code. Reference: Sections 8402 and 8404, Education Code.