Sec. 3083 - Service Notice

ยง 3083. Service Notice

Notwithstanding Government Code section 11440.20 of the APA, service of notice, motions, or other writings pertaining to special education due process hearing procedures to the California agency or nonprofit organization or entity that is responsible for conducting due process hearings and any other person or entity are subject to the following provisions:

(a) The notice, motion, or writing shall be delivered personally or sent by mail or other means to the agency or nonprofit organization or entity that is responsible for conducting due process hearings, person, or entity at their last known address and, if the person or entity is a party with an attorney or other authorized representative of record in the proceeding, to the party's attorney or other authorized representative.

(b) Unless a provision specifies the form of mail, service or notice by mail may be by first-class mail, registered mail, or certified mail, by mail delivery service, by facsimile transmission if complete and without error, or by other electronic means as provided by regulation, in the discretion of the sender.

(c) Service must be made by a method that ensures receipt by all parties and the agency or nonprofit organization or entity that is responsible for conducting due process hearings in a comparable and timely manner.

(1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day. 2. Certificate of Compliance as to 6-23-97 order, including removal of subsection designator from first paragraph and redesignation of former subsections (a)(1)-(a)(3) as subsections (a)-(c), amendment of newly designated subsection (b), and amendment of Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49). 3. Change without regulatory effect amending first paragraph and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39). 4. Amendment filed 5-5-2014; operative 7-1-2014 (Register 2014, No. 19).)

Note: Authority cited: Section 56100, Education Code. Reference: Sections 56500, 56501, 56502, 56503, 56504, 56505, 56506 and 56507, Education Code; Section 11440.20, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Sections 300.507,300.508, 300.509, 300.510, 300.511 and 300.512.

The following state regulations pages link to this page.