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Legal Resources | Title 5 |  T5  30311  

Hearing on the Record and Decision   

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The hearing shall take place in Sacramento, California at a place selected by the CELP Official, shall be attended by the CELP Official and the authorized representative of the institution, shall be limited to legal issues and those matters of fact to which the CELP Official and the institution have been unable to stipulate. The hearing process may be limited as agreed upon by the CELP Official, the institution, and the Hearing Officer in area such as a restriction on the number of submission, a hearing by telephone conference call, a review limited to the written records, or a certification by the parties to facts and issues not in dispute. The parties may enter into stipulations during the course of the hearing. Any stipulations agreed to shall be submitted to the Hearing Officer as soon as possible after the stipulation is executed. The institution may be represented by legal counsel at the hearing, but the CELP Official is under no obligation to provide such counsel. Formal rules of evidence and procedures applicable to proceedings in courts of law are not required.

There shall be no discovery proceedings under this subpart, but the parties are encouraged to exchange relevant documents or information, and the Hearing Officer shall only accept evidence that is relevant and material to the hearing. Parties may object to any evidence which they consider to be irrelevant, immaterial, or unduly repetitious.

A record shall be made of the hearing. The record of the hearing shall not be transcribed except upon request of a party. The party requesting the transcription, or seeking a copy of a transcription previously made, shall pay a reasonable fee not to exceed the actual cost thereof.

The Hearing Officer shall issue a written decision within thirty (30) days following the conclusion of the hearing except as otherwise provided in these regulations. A limitation, suspension, or termination, after the hearing, is effective on the second day following the date that a copy of the decision is mailed by certified mail (return receipt requested) to the institution or on the effective date stated in the decision, whichever is later.

The party not prevailing at the hearing shall pay the cost incurred for the employment of the Hearing Officer. If the institution must make payment of hearing expenses, said payment shall be make to the CELP Official within twenty (20) days of the decision. The CELP Official may take whatever action he/she deems appropriate, including offset and legal action, to collect the funds due from the institution. The CELP official may also collect interest on funds due, up to twelve (12) percent per annum, beginning with the date following the expiration of the twenty (20) days referred to above.

Authority cited:

Education Code 69763(a)

Reference:

United States Code, Title 20, Section 1078(b)(I)(T)&(U)

United States Code, Title 20, Section 1082(h)

United States Code, Title 20, Section 1094(c)

Code of Federal Regulations, Title 34, Section 668.81-668.97.

(Amended by Register 90, No. 34.)