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Legal Resources | Title 5 |    71410  

Automatic Suspension of Approval to Operate.   

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(a) Pursuant to sections 94885.1 and 94885.5 of the Code, and in addition to any other actions allowed, the Bureau Chief, or his or her designee, may issue a written order automatically suspending the approval to operate or the provisional approval to operate (or to operate a program) to an institution that fails to meet the requirements of either section 94885.1 or 94885.5 of the Code, or section 71105 or 71105.5. Notice of such order may be given personally, by telephone, email, fax, or mail, and shall inform the person approved to operate of the automatic suspension and its effective date, and the manner in which the person may request an opportunity to be heard before the Director, or his or her designee.

(b) Within 30 days of the effective date of the automatic suspension, the person approved or provisionally approved to operate the institution may request an opportunity to be heard before the Director, or his or her designee. Within 30 days from the timely receipt of a written request for an opportunity to be heard, the Director, or his or her designee, shall hear the appeal by holding an informal office conference with the person approved or provisionally approved to operate the institution or an authorized representative. Upon request and approval by the Director, or his or her designee, the person approved or provisionally approved to operate the institution or representative may participate in the office conference by telephone. The 30-day period for hearing the appeal may be extended by the Director, or his or her designee, at the request of the institution or the Bureau for good cause.

Authority cited:

Education Code 94877

Education Code 94885.1

Education Code 94885.5

Reference:

Education Code 94885

Education Code 94885.1

Education Code 94885.5

(Added by Register 2015, No. 5)