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Chapter 10. Community College Administration Subchapter 5. Nondiscrimination In Programs Receiving State Financial Assistance Through The Chancellor Or Board Of Governors Of The California Community Colleges Article 3. District Compliance And Enforcement Extensions; Failure To Comply   

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(a) If a district, for reasons beyond its control, is unable to comply with the 90-day or 150-day deadline specified in sections 59336 or 59340, the district may file a written request that the Chancellor grant an extension of the deadline. Where an extension is deemed necessary by the district, it must be requested from the Chancellor regardless of whether or not the case involves employment discrimination. The request shall be submitted no later than ten (10) days prior to the expiration of the deadline established pursuant to sections 59336 or 59340 and shall set forth the reasons for the request and the date by which the district expects to be able to submit the required materials.

(b) A copy of the request for an extension shall be sent to the complainant, who shall be notified that he or she may file written objections with the Chancellor within five (5) days of receipt.

(c) The Chancellor may grant the request unless delay would be prejudicial to the investigation. If the Chancellor grants an extension of the 90-day deadline, the 150-day deadline is automatically extended by an equal amount.

(d) If a district fails to comply with the requirements of sections 59336 or 59340 by the required deadline, including any extension granted pursuant to this section, the Chancellor may proceed to review the case as provided in article 4 (commencing with section 59350) of this subchapter based on the original complaint and any other relevant information then available.

Authority cited:

Education Code 66271.7

Education Code 66700

Education Code 70901

Government Code 11138

Reference:

Education Code 66250

Education Code 72011

Government Code 11135

Government Code 11136

(Amended By Register 2008, No. 34.)