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Chapter 5. Enforcement and Discipline.Notices to Comply.Notice to Comply; Informal Appeal Process.   

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(a) Pursuant to section 94935 of the Code, bureau staff may issue a notice to comply to a person approved to operate an institution for minor violations of the Act or this Chapter detected during an inspection.

(b) The notice to comply shall be in writing and shall describe the nature and facts of the violation, including a reference to the statute or regulation violated, and may indicate the manner in which the institution must correct the violation to achieve compliance.

(c) The notice to comply shall be given prior to leaving the institution after the inspection to any owner, person in control, chief academic officer, chief executive officer, chief operating officer, institution director, or any person delegated by any of the aforementioned persons to facilitate the inspection or accept such notice.

(d) The notice to comply shall inform the person approved to operate the institution that he or she may do either of the following:

(1) Within 30 days from the date of the inspection, sign and return the notice to comply, declaring under penalty of perjury that the violation was corrected and describing how compliance was achieved; or

(2) Within 30 days from the date of the inspection, file with the Bureau a written notice of disagreement, specifying the minor violations described in the notice to comply with which the person approved to operate the institution disagrees, and appealing it by requesting an informal office conference. If a written notice of disagreement is not timely filed with the Bureau, the right to appeal is deemed to have been waived.

(e) Within 30 days from the timely receipt of a written notice of disagreement, the Director or his or her designee, shall hear the appeal by holding an informal office conference with the person approved to operate the institution or an authorized representative. Upon request and approval by the Director or his or her designee, the person approved to operate the institution or representative may participate in the office conference by telephone. The 30-day period may be extended by the Director or his or her designee for good cause.

(f) Prior to or at the office conference, the person approved to operate the institution or authorized representative may submit to the Director or his or her designee declarations or documents pertinent to the subject matter of the notice to comply, which shall be duly considered along with the notice to comply and any supporting documentation.

(g) Following the informal office conference to appeal the notice to comply, the Director, or his or her designee, may affirm, modify, or withdraw the notice. A written order affirming, modifying, or withdrawing the original notice to comply shall be served on the person approved to operate the institution within 30 days from the informal office conference. If the order affirms or modifies the original notice to comply, said order shall fix a reasonable period of time up to 30 days for correction of the violation. This order shall be deemed the final administrative decision concerning the notice to comply prior to any enforcement action.

(h) Within the time set for correcting the violation, the person approved to operate the institution shall comply with the order affirming or modifying the notice to comply, and shall submit to the Bureau a declaration under penalty of perjury that the violation(s) was (or were) corrected, containing facts sufficient to document compliance with the order, and incorporating attached documentation to that effect.

Authority cited:

Education Code 94877

Education Code 94935

Reference:

Education Code 94933

Education Code 94933.5

Education Code 94935

(New by Register 2011, No. 13.)