Section 3068 - Appeals Information(a) Within 20 working days of receipt of notice, nonpublic schools or nonpublic agencies (appellant) may file a written petition (appeal), on forms provided by the SSPI, to request a review of the decision to deny, suspend or revoke certification pursuant to Education Code section 56366.6.(b) All appeals shall be mailed to the Office of Administrative Hearings (OAH), Department of General Services.(c) There shall be three options for appealing the denial, suspension or revocation of certification. The nonpublic school or nonpublic agency may request:(1) a written review of the decision to deny, suspend or revoke certification. The OAH shall analyze the documentation provided by the appellant and materials provided by the CDE and render a decision;
(2) a written review with an oral argument. The OAH shall analyze the documentation provided by the appellant and materials provided by the CDE. The appellant shall also appear before a hearing officer, on a date scheduled by the OAH, to provide oral testimony in support of the appeal. The CDE shall also attend the hearing and present testimony to support the decision to deny, suspend or revoke certification. The hearing officer may ask questions of either party. All testimony shall be tape-recorded; or(3) an oral hearing. The appellant shall appear before a hearing officer, on a date scheduled by the OAH, to provide oral testimony in support of the appeal. The CDE shall also attend the hearing and present testimony to support the decision to deny, suspend or revoke certification. The hearing officer shall provide the opportunity for both parties to review evidence, call witnesses and cross-examine witnesses. If the appellant fails to appear at the hearing, the petitioner waives the right to a future hearing, unless the hearing officer agrees to reschedule the hearing because of extenuating circumstances.(d) The OAH shall issue the decision, in writing, simultaneously to the appellant and to the CDE within 30 working days after receipt of all materials and evidence. This shall be the final administrative decision.Cal. Code Regs. Tit. 5, § 3068
1. Renumbering of former section 3068 to section 3069 and new section 3068 filed 9-1-99; operative 9-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 36).
2. Amendment of section and NOTE filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
3. Amendment of section heading, repealer of subsection (e) and amendment of NOTE filed 5-5-2014; operative 7-1-2014 (Register 2014, No. 19). Note: Authority cited: Sections 33031 and 56100, Education Code. Reference: Sections 56366 and 56366.6, Education Code.
1. Renumbering of former section 3068 to section 3069 and new section 3068 filed 9-1-99; operative 9-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 36).
2. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
3. Amendment of section heading, repealer of subsection (e) and amendment of Note filed 5-5-2014; operative 7/1/2014 (Register 2014, No. 19).