topleft CSBA.org >  Services >  Governance Technology > 

Legal Resources | Title 5 |  T5  20315  

Membership Eligibility Appeals   

arrow Previous bar Next arrow

(a) If an institution or a public library jurisdiction considers the membership eligibility policies and/or membership eligibility actions of the regional library network serving its geographic area to be inconsistent with the purposes and provisions of this Act, it may file an appeal with the state board.

(b) An appeal shall include references to the relevant purposes and/or provisions of the Act; information on the membership eligibility policies and/or membership eligibility actions of the regional library network which appear inconsistent with the Act; and any available documentation.

(c) The state board shall notify the regional library network of the appeal and shall invite the regional library network to respond to the appeal, which response is due within sixty days of the state board's notice.

(d) The state board shall take action on the appeal within one hundred and fifty days of the institution's or public library jurisdiction's initial filing.

(e) The state board's determination shall be based upon:

(1) the accuracy of the data presented in the appeal;

(2) the impact of the regional library network's membership eligibility actions and/or membership eligibility policies on resource sharing in the geographic region and the state;

(3) the consistency of the regional library network's membership eligibility actions and/or membership eligibility policies with the purposes and provisions of the Act; and

(4) the exclusion or inclusion of libraries by type, size, or other factors inconsistent with the purposes of this Act as a result of the regional library network's membership eligibility actions and/or membership eligibility policies.

(f) The decisions of the state board shall become effective thirty days from its official action on the appeal.

Authority cited:

Education Code 18821

Reference:

Education Code 18821(h)

(Added by Register 2000, No. 19)