Sec. 3088 - Sanctions

ยง 3088. Sanctions

(a) Provisions for contempt sanctions, order to show cause, and expenses contained in Government Code sections 11455.10, 11455.20 and 11455.30 of the APA apply to special education due process hearing procedures except as modified by subdivisions (b) through (e) of this section.

(b) Only the presiding hearing officers may initiate contempt sanctions and/or place expenses at issue.

(c) Prior to initiating contempt sanctions with the court, the presiding hearing officer shall obtain approval from the General Counsel of the CDE.

(d) The failure to initiate contempt sanctions and/or impose expenses is not appealable.

(e) The presiding hearing officer may, with approval from the General Counsel of the CDE, order a party, the party's attorney or other authorized representative, or both, to pay reasonable expenses, including costs of personnel, to the California agency or nonprofit organization or entity that is responsible for conducting due process hearings for the reasons set forth in Government Code section 11455.30(a).

(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 A Certificate of Compliance must be transmitted to OAL by 10-21-97 or emergency language will be repealed by operation of law on the following day. 2.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 amendment of subsections (a), (b) and (c) 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 subsections (a), (c) and (e) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39). 4. Amendment of subsection (e) 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; Sections 11455.10, 11455.20 and 11455.30, Government Code; 20 U.S.C. Sections 1415(b)(2) and (c); and 34 C.F.R. Section 300.511.

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