Cal. Code Regs. tit. 5 § 59350

Current through Register 2024 Notice Reg. No. 15, April 12, 2024

Section 59350 - Chancellor's Review

(a) The Chancellor's review on appeal is limited to the following issues:

(1) whether there was a procedural error in violation of this subchapter;

(2) whether there was a defect in the investigation;

(3) whether new evidence unavailable during the investigation despite the complainant's due diligence would substantially impact the outcome of the investigation;

(4) whether correct legal standards were applied; and

(5) whether the district's determination was an abuse of discretion.

(b) The Chancellor shall issue a determination within ninety (90) days of receiving the appeal and appellate file from the appropriate district. The Chancellor shall send the determination to both the complainant and the district.

Cal. Code Regs. Tit. 5, § 59350

1. Amendment of subsections (a) and (b) and amendment of NOTE filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amending NOTE filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
4. Amendment of section heading, section and NOTE filed 8-19-2020; operative 9-18-2020. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2020, No. 40).

Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code. Reference: Sections 66250, 66251, 66252, 66270 and 72011, Education Code; and Sections 11135 and 11136, Government Code.

1. Amendment of subsections (a) and (b) and amendment of Note filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
2. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
3. Change without regulatory effect amendingNote filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5(Register 2006, No. 17).
4. Amendment of section heading, section and Note filed 8-19-2020; operative 9-18-2020. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2020, No. 40).