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§ 15584. Department Investigation Procedures; Appeal.

5 CA ADC § 15584BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 5. Education
Division 1. California Department of Education
Chapter 15. Child Nutrition Programs
Subchapter 1. Food Sales, Food Service, and Nutrition Education
Article 7. Complaint Procedures
5 CCR § 15584
§ 15584. Department Investigation Procedures; Appeal.
(a) The Department shall directly intervene when notified of complaints involving the following:
(1) Meal counting and claiming;
(2) Reimbursable meals;
(3) Eligibility of child or adult; or
(4) Use of cafeteria funds and allowable expenses.
(b) The Department shall directly intervene when notified of complaints against a program operator that is not an LEA.
(c) The Department shall directly intervene when notified of complaints pursuant to Education Code section 49556 alleging a violation of Education Code sections 49550 through 49564.5.
(d) The following apply to the Department investigation:
(1) The investigation shall include an opportunity for the complainant to present information or evidence to support the allegation(s).
(2) The investigation shall include an opportunity for the LEA or program operator that is not an LEA to respond to the complaint.
(3) The investigation may include an on-site investigation, which may be unannounced, if deemed necessary.
(4) The CDE shall issue a written report within 90 days of receipt of the complaint, unless the CDE documents exceptional circumstances and informs the complainant. The report shall include a summary of the allegations in the complaint; a description of the general procedures of the investigation; citations of applicable law and regulations; findings of fact based on evidence gathered; conclusions of law; and, If merit is found in the complaint, corrective actions and a time line for completion.
(5) If the CDE disallows reimbursement, the CDE shall inform the LEA or program operator that is not an LEA of the right to appeal to the Office of Administrative Hearings in accordance with applicable laws and regulations. Such an appeal must be postmarked within 15 calendar days of the date that the LEA or program operator that is not an LEA receives notice of denial of all or part of the claim for reimbursement.
Note: Authority cited: Sections 33315 and 49556, Education Code. Reference: Sections 33315 and 49556, Education Code; and 7 C.F.R. Sections 210.19(a)(4), 215.1(a), 220.13(c), 225.11(b), 226.6(n) and 250.15(d).
HISTORY
1. New section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
This database is current through 11/13/20 Register 2020, No. 46
5 CCR § 15584, 5 CA ADC § 15584
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