Section R277-407-15 - Enforcement(1) The Superintendent shall monitor LEA compliance with this rule.(2) If an LEA fails to comply with the terms of this rule or request of the Superintendent, the Superintendent shall send the LEA a first written notice of non-compliance, which shall include a proposed corrective action plan.(3) Within 45 days of the LEA's receipt of a notice of non-compliance, the LEA shall: (a) respond to the allegations of non-compliance described in Subsection (2); and(b) work with the Superintendent on the Superintendent's proposed corrective action plan to remedy the LEA's non-compliance.(4)(a) Within 15 days after receipt of a proposed corrective action plan described in Subsection (3)(b), an LEA may request an informal hearing with the Superintendent to respond to allegations of non-compliance or to address the appropriateness of the proposed corrective action plan.(b) The form of an informal hearing described in Subsection (4)(a) shall be as directed by the Superintendent.(5) The Superintendent shall send an LEA a second written notice of non-compliance and request for the LEA to appear before a Board standing committee if: (a) the LEA fails to respond to the first notice of non-compliance within 60 days; or(b) the LEA fails to comply with a corrective action plan described in Subsection (3)(b) within the time period established in the LEA's corrective action plan.(6) If an LEA receives a second written notice of non-compliance, the LEA may: (a)(i) respond to the notice of non-compliance described in Subsection (5); and(ii) work with the Superintendent on a corrective action plan within 30 days of receiving the second written notice of non-compliance; or(b) within 15 days after receipt of the second notice seek an appeal before a Board standing committee.(7) If an LEA that fails to respond to a first notice of non-compliance, and fails to respond to a second notice of non-compliance, nor seeks an appeal as described in Subsection (6)(b), the Superintendent shall impose one of the financial consequences described in Subsection (10).(8)(a) Before imposing a financial consequence described in Subsection (10), the Superintendent shall provide an LEA 30 days' notice of any proposed action.(b) The LEA may, within 15 days after receipt of a notice described in Subsection (8)(a), request an appeal before a Board standing committee.(9) If the LEA does not request an appeal described in Subsection (8)(b), or if after the appeal the Board finds that the allegations of non-compliance are substantially true, the Superintendent may continue with the suggested corrective action, formulate a new form of corrective action or additional terms and conditions which must be met and may proceed with the appropriate remedy which may include an order to return funds improperly collected.(10) A financial consequence may include:(a) requiring an LEA to repay an improperly charged fee, commensurate with the level of non-compliance;(b) withholding all or part of an LEA's monthly Minimum School Program funds until the LEA comes into full compliance with the corrective action plan; and(c) suspending the LEA's authority to charge fees for an amount of time specified by the Superintendent or Board in the determination.(11) The Board's decision described in Subsection (9) is final and no further appeals are provided.Utah Admin. Code R277-407-15
Adopted by Utah State Bulletin Number 2019-9, effective 4/8/2019Amended by Utah State Bulletin Number 2019-21, effective 10/8/2019Amended by Utah State Bulletin Number 2020-01, effective 12/10/2019Amended by Utah State Bulletin Number 2020-23, effective 11/10/2020Amended by Utah State Bulletin Number 2023-14, effective 7/11/2023Amended by Utah State Bulletin Number 2024-16, effective 8/7/2024