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Legal Resources | Title 5 |  T5  3088  

Procedural Safeguards. Sanctions   

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(a) Provisions for contempt sanctions, order to show cause, and expenses contained in Government Code sections 11455.10, 11455.20 and 11455.30 of the APA apply to special education due process hearing procedures except as modified by subdivisions (b) through (e) of this section.

(b) Only the presiding hearing officers may initiate contempt sanctions and/or place expenses at issue.

(c) Prior to initiating contempt sanctions with the court, the presiding hearing officer shall obtain approval from the General Counsel of the CDE.

(d) The failure to initiate contempt sanctions and/or impose expenses is not appealable.

(e) The presiding hearing officer may, with approval from the General Counsel of the CDE, order a party, the party's attorney or other authorized representative, or both, to pay reasonable expenses, including costs of personnel, to the California agency or nonprofit organization or entity that is responsible for conducting due process hearings for the reasons set forth in Government Code section 11455.30(a).

Authority cited:

Education Code 56100

Reference:

Education Code 56500

Education Code 56501

Education Code 56502

Education Code 56503

Education Code 56504

Education Code 56505

Education Code 56506

Education Code 56507

Government Code 11455.10

Government Code 11455.20

Government Code 11455.30

20 U.S.C. 1415(b)(2)(c)

34 C.F.R. 300.511

(Amended by Register 2014, No. 19.)