Section 4665 - Reconsideration of Department Investigation Report(a) Within 30 days of the date of the Department Investigation Report, either party may request reconsideration by the Superintendent or the Superintendent's designee. The request for reconsideration shall specify and explain why: (1) Relative to the allegation(s), the Department Investigation Report lacks material findings of fact necessary to reach a conclusion of law on the subject of the complaint, and/or(2) The material findings of fact in the Department Investigation Report are not supported by substantial evidence, and/or(3) The legal conclusion in the Department Investigation Report is inconsistent with the law, and/or(4) In a case in which the CDE found noncompliance, the corrective actions fail to provide a proper remedy.(b) In evaluating or deciding on a request for reconsideration, the CDE will not consider any information not previously submitted to the CDE by a party during the investigation unless such information was unknown to the party at time of the investigation and, with due diligence, could not have become known to the party. This prohibition does not prohibit the CDE from seeking and obtaining information from any source necessary to issue an accurate Department Investigation Report.(c) Within 60 days of the receipt of the request for reconsideration, the Superintendent or the Superintendent's designee shall respond in writing to the parties. Such response may include a denial of the request for reconsideration, or modifications to the Department Investigation Report necessary to ensure factual and legal accuracy. Pending the Superintendent's response to a request for reconsideration, the Department Investigation Report remains in effect and enforceable, unless stayed by a court.(d) Appeals from investigations of complaints involving Child Development contractors, whether public or private, shall be made to the Superintendent of Public Instruction as provided in subsection (a) except as otherwise provided in division 19 of title 5 of the Code of California Regulations.(e) For those federal programs for which there is a right to appeal to the United States Secretary of Education, the parties shall be notified of that right.Cal. Code Regs. Tit. 5, § 4665
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 200 5, No. 52).
3. Amendment of section and NOTE filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21). Note: Authority cited: Sections 200, 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 and 106.8.
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, 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).