Cal. Code Regs. tit. 9 § 30716

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 30716 - Level B Behavior: Appeal

A level B behavior appeal shall include the following procedures:

(a) A ward shall initiate an appeal by completing an "Appeal of Decision" form (YA 8.410) and submitting one copy to the superintendent's office within 48 hours after receiving the form.

(b) A ward shall have up to five working days in which to prepare his appeal from the date of its submission to the superintendent. This preparation time may be waived by the ward.

(c) The superintendent shall ensure that no report is made to the Board on the disciplinary action under appeal until the appeal process is completed.

(d) The superintendent shall review all appropriate documents to determine if the ward has been treated fairly and whether the ward's reasons for appeal meet the criteria outlined in Section 30715.

(e) The superintendent shall make a decision on the appeal action within five working days upon receipt of the appeal.

(f) The superintendent shall decide on the basis of the written records of the case whether the appeal should be granted or denied, or whether modification or other action is necessary to ensure fairness. If it is necessary to interview the ward or have a hearing regarding the issue, both sides to the action shall be heard.

(g) The superintendent shall record the appeal decision on the "Appeal of Decision" form (YA 8.410). Each issue raised by the ward shall be addressed.

(h) The superintendent's decision and the reasons for the decision shall be forwarded to the ward within two working days of the decision.

Cal. Code Regs. Tit. 9, § 30716

1. Change without regulatory effect renumbering title 15, section 4653 to title 9, section 30716, including amendment of subsection (d), filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.