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Legal Resources | Title 5 |  T5  80315  

Reconsideration.   

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(a) A holder, applicant, complainant or employee may request, in writing, that the Committee reconsider its recommended decision. The request must be received by the Commission no later then 30 days after personal service or mailing notice of the Committee's recommendation. The request for reconsideration shall also contain new and different evidence which may materially affect the findings of the Committee.

(b) When a recommendation of the Committee is presented to the Commission pursuant to Education Code section 44244.1, the Commission may adopt the recommendation or request the Committee to reconsider its action, decision, or recommendation. Upon request of the commission, the Committee shall reconsider its action, decision, or recommendation.

(c) A member of the Committee may participate in the reconsideration of a matter even though he or she was not present during the original consideration of the matter if the interested parties agree, or if the member reviews a transcript or tape recording of the proceedings and all other documents and evidentiary materials before the Committee.

Authority Cited:

Education Code 44225 (q)

Reference:

Education Code 44244

(Added by Register 97, No. 32.)