reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18835 - Maximum Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An institution may elect to pay an assessment of two
						dollars per enrollee during any assessment period, which is the maximum
						assessment specified in Education Code Section
						94343,
						rather than pay the authorized rate of one tenth of one percent. The
						institution shall not charge a student an amount greater than that paid to the
						superintendent per enrollee.
1.
						Renumbering of former Section
						18850 to Section
						18835 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18836 - Enrollee Assessment Refund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The amount paid as a tuition assessment shall be refunded
						to a student only if enrollment is cancelled within the 3 day cooling-off
						period in accordance with Section
						18805(a)(4).
						Otherwise the amount paid as a tuition assessment is retainable and payable to
						the superintendent.
1.
						Renumbering of former Section
						18851 to Section
						18836 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
2. Change without
						regulatory effect (Register 87, No. 30).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18837 - Application for Payment from the Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The superintendent shall consider a request for payment
						providing the applicant:
(a) Is a
					 California resident.
(b) Is
					 enrolled in an institution which has met the criteria specified in Section
					 18832 for participating in the fund
					 and which has ceased operation, as determined by the superintendent.
(c) Has made a direct payment to an
					 institution for training, s specified in Section
					 18832.
(d) Has unused prepaid tuition to his or her
					 credit. Unused, as used in this subsection and Section
					 18838, refers to that portion of
					 instruction and related goods and services never received as a result of school
					 closure but for which direct payment of prepaid tuition has been made. With
					 respect to any goods received, only those which are not useful independently of
					 the instruction may be considered.
(e) Has requested settlement from the closing
					 institution which has not been resolved to the applicant's
					 satisfaction.
(f) Makes application
					 within 60 days following the date the institution ceases operation.
1.
						Renumbering and amendment of former Section
						18852 to Section
						18837 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
2. Change without
						regulatory effect of subsections (b)-(d) filed 2-2-89; operative 2-2-89
						(Register 89, No. 8).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Section
						  94342,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18838 - Payments from the Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The superintendent shall conduct such investigation and verification as deemed
					 necessary to establish the validity of an application for payment or to deny an
					 application.
(b) Any payment from
					 the fund shall be for the entire amount of unused prepaid tuition as determined
					 by the superintendent, minus any actual or forthcoming refund from any other
					 source.
1.
						Renumbering and amendment of former Section
						18838 to Section
						18825, and renumbering and
						amendment of Section
						18853 to Section
						18838 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Section
						  94342,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18839 - Alternative Method for Exemption from Participation in the Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The superintendent shall exempt any institution from
						participating in the fund which maintains an acceptable alternative method of
						protecting students. An institution is responsible for paying assessments until
						an exemption is granted. Plans should be submitted at least ninety days prior
						to the starting date of an assessment period to be considered as exempt from
						that and future assessment periods. An acceptable alternative plan shall
						satisfy the following criteria:
(a)
					 Respect individual choice and allow for financial settlement when a teach-out
					 is neither acceptable, reasonable, nor convenient to the student.
(b) Provide for settlement regardless of
					 reason for school closure.
(c)
					 Describe an application process, define the criteria for evaluating claims, and
					 outline an appeals process.
(d)
					 Establish an adequate fund immune from creditor claims for purpose of payment
					 of claims.
(e) Specify whether
					 financial settlement, if applicable, is limited in any respect.
Participation in an acceptable alternative plan shall not
						be terminated until an institution has made its initial payment into the
						fund.
1.
						Renumbering and amendment of former Section
						18839 to Section
						18826, and renumbering and
						amendment of Section
						18854 to Section
						18839 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Section
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18840 - Notification of Enrollees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The institution shall expressly inform each enrollee
						about the details of the fund or of the institution's own alternative fund at
						the time of enrollment on forms prescribed by the
						superintendent.
1.
						Renumbering and amendment of former Section
						18840 to Section
						18827, and renumbering of Section
						18855 to Section
						18840 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18841 - Automatic Termination. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of Section
						18841 to Section
						18828 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No.
						3).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18846 - Definitions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of Section
						18846 to Section
						18831 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18847 - Institutions Subject to Assessment. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of Section
						18847 to Section
						18832 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18848 - Assessment Base. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of Section
						18848 to Section
						18833 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18849 - Due Date. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of Section
						18849 to Section
						18834 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18850 - Maximum Assessment. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of Section
						18850 to Section
						18835 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18851 - Enrollee Assessment Refund. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of Section
						18851 to Section
						18836 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18852 - Application for Payment from the Fund. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of Section
						18852 to Section
						18837 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18853 - Payments from the Fund. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of Section
						18853 to Section
						18838 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18854 - Exempted Institutions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of Section
						18854 to Section
						18839 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18855 - Notification of Enrollees. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of Section
						18855 to Section
						18840 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18856 - Administration of the Fund. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 1-15-85; effective thirtieth day thereafter (Register 85, No.
						3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 22 - Veterans Education [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				Chapter 22 (subchapters 1-3, sections
				19300-19345) filed 7-31-84;
				effective thirtieth day thereafter (Register 84, No. 31). For prior history,
				see Register 77, No. 39.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 1 - Instructional Television › Article 1 - Classroom Instructional Television › Section 19500 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article relates to instructional television as
						established pursuant to Education Code Sections
						41920,
						51870 and
						51871.
1. New
						Chapter 1 (§§
												19500-19509) filed 12-18-69;
						effective thirtieth day thereafter (Register 69, No. 51).
2.
						Repealer of Chapter 1 (§§
												19500-19509) and new Chapter 1
						(§§
												19500-19506) filed 1-23-76;
						effective thirtieth day thereafter (Register 76, No. 4).
3.
						Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereafter
						(Register 77, No. 39).
Note: Authority cited for Chapter 1: Sections
						  33031 and
						  51874,
						  Education Code. Issuing agency: Superintendent of Public
						  Instruction.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 1 - Instructional Television › Article 1 - Classroom Instructional Television › Section 19501 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in Education Code Sections
						41920,
						51870 and
						51871, and
						in these regulations:
(a)
					 "Instructional Television," "Educational Television," and "Television
					 Broadcasts" mean television programs used as integral parts of the
					 instructional program included in the course of study adopted by the proper
					 authority.
(b) "Pupils of the
					 district present in the classroom and instructed by such instructional
					 television programs," means students who are members of at least one class in
					 which instructional television meeting the requirements of this article is
					 provided pursuant to the provisions of Education Code Sections
					 51870 and
					 51871.
(c) "Closed-Circuit Instructional
					 Television," and "Instructional Television Fixed Service" (2500 megahertz)
					 refer to an instructional television facility which includes a central
					 distribution system.
(d) A
					 "production agency" is the agency which produces any instructional television
					 programs.
1.
						Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No.
						39).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 1 - Instructional Television › Article 1 - Classroom Instructional Television › Section 19502 - Application for Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A school district, pursuant to Education Code Section
						51871, or
						county superintendent of schools, pursuant to Education Code Section
						51870,
						shall apply to the Superintendent of Public Instruction for approval of a plan
						to procure television broadcasts or closed-circuit television programs. The
						application shall be on a form supplied by the Superintendent of Public
						Instruction and shall be filed before June 1 of the school year preceding the
						year to which the plan applies.
1.
						Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No.
						39).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 1 - Instructional Television › Article 1 - Classroom Instructional Television › Section 19503 - School District Claim for Allowance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Between July 1 and August 1 following the
					 close of the school year in which a school district participated in a program
					 for instructional television pursuant to Education Code Section
					 51871, the
					 district, using a form supplied by the Superintendent of Public Instruction,
					 shall file with the county superintendent a claim for allowance. The claim for
					 allowance shall designate the school year in which the program was conducted
					 and shall include certification that:
(1) The
					 Superintendent of Public Instruction approved the district plan to provide
					 instructional television services during the designated school year, and that
					 the plan was carried out.
(2) The
					 claimant will continue to provide for instructional television during the
					 school year following the designated year.
(3) The instructional television services
					 certified in (1) were an integral part of the course of study approved by the
					 proper authority.
(4) The number of
					 pupils of the district present in the classroom and instructed by such
					 television programs during the designated school year pursuant to this article
					 is the number shown on the claim. (No pupil shall be counted more than once per
					 school year.)
(5) The total cost
					 (exclusive of capital outlay expenditures) to the district for providing such
					 instructional television programs is the cost shown on the
					 claim.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 1 - Instructional Television › Article 1 - Classroom Instructional Television › Section 19504 - County Superintendent's Claim for Allowance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Between July and August 15 following the close of the
						school year, a county superintendent shall file with the Superintendent of
						Public Instruction a claim for allowance for television services which he
						provided pursuant to Education Code Section
						51870
						during the school year just closed to schools and classes that he maintained.
						The claim shall be on the form and certified as specified in Section
						19503.
1.
						Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No.
						39).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 1 - Instructional Television › Article 1 - Classroom Instructional Television › Section 19505 - Planning of Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any instructional television program shall be planned or
						selected by the school district or by the county superintendent of schools in
						cooperation with participating school districts or county superintendents of
						schools.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 1 - Instructional Television › Article 1 - Classroom Instructional Television › Section 19506 - Study Guides

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county superintendent or the governing board of the
						school district shall make available to teachers or students who are to use any
						television program in the educational program of such school, appropriate
						guides and/or related printed material for use with such program in advance of
						the showing of such program.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 2 - California Maritime Academy [Repealed]*

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  subchapter 2 (Section
				  19530) filed 12-23-74; effective
				  thirtieth day thereafter (Register 74, No. 52). For prior history, see Register
				  69, No. 51.
__________
* See Division 7, Title 5,
				  Administrative Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 3 - Surplus Property › Article 1 - Direct Shipment of Food Commodities › Section 19540 - Direct Shipment of Commodities Donated by the United States Department of Agriculture

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party electing to take direct delivery of food
						commodities from the U.S. Department of Agriculture pursuant to Section
						12114 of
						the Education Code, must demonstrate that party's capability for the proper
						handling, storage, and distribution of such food, in accordance with Title 7 of
						the Code of Federal Regulations, Chapter II, Subchapter B, Part 250.6
(o) Personnel,
(p) Facilities,
(q) Records,
(r) Reports,
(s) Right of inspection and audit,
(t) Complaints, and
(u) Demurrage.
The quantity of commodities to be made available for
						direct shipment shall be determined in accordance with Title 7 of the Code of
						Federal Regulations, Chapter II, Subchapter B, Part 250.4.
Consignees of carload shipments shall completely unload
						from such cars, at their expense, all dunnage, debris, or other foreign matter
						connected with the inbound shipment so as to return rail freight cars to the
						carrier in a condition for loading by another shipper without further
						unloading.
Demurrage or other charges which accrue after a car or
						truck has been placed for unloading by the delivering carrier, or which accrue
						because placement of a car or truck is prevented, shall be borne by the
						recipient agency, except that demurrage or other charges shall be borne by the
						U.S. Department of Agriculture where such charges accrue because of actions by
						the Department of Agriculture and without the fault or negligence of the
						recipient agency.
When recipient agencies elect to take direct delivery of
						commodities from the U.S. Department of Agriculture, commodities will no longer
						be made available to them from the state agency.
1. New
						section filed 5-18-71 as an emergency; effective upon filing (Register 71, No.
						21).
2. Certificate of Compliance--Sec.
						11422.1, Gov. Code, filed 7-8-71
						(Register 71, No. 28).
3. Amendment of section and NOTE filed
						9-23-77; effective thirtieth day thereafter (Register 77, No.
						39).
Note: Authority cited for Chapter 3: Section
						  12114,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 24 - Library Services Provided by the State [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				renumbering of Chapter 2, Subchapter 1, to Division 24, Chapter 1 (Register 69,
				No. 51). For prior history see Register 66, No. 2.
2. Amendment of
				NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No.
				39).
3. Amendment of subsection (c) filed 5-5-82; effective
				thirtieth day thereafter (Register 82, No. 19).
4. Editorial
				renumbering of Division 1, Chapter 24 (sections
				20000-20400) to Division 2, Chapter
				1, and editorial renumbering of former Division 2, Chapter 1 (Sections
				20410-20426) to new Division 2,
				Chapter 2 (Register 2001, No. 45). For prior history, see Register 90, No.
				50.
Note: Authority cited for Chapter 1: Sections
				  19304 and
				  19320,
				  Education Code. Issuing agencies: State Board of Education and Superintendent
				  of Public Instruction. Reference: Sections
				  19320 and
				  19330,
				  Education Code.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 1 - General Provisions › Section 19800 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to these regulations:
(a) "Final audit report" means:
(1) for an annual audit conducted pursuant to
				Education Code Section
				41020, the
				report that has been accepted by the Controller pursuant to Education Code Section
				14504,
				and
(2) for any other audit or review
				conducted by or for a governmental agency that includes one or more apportionment
				significant exceptions requiring repayment, the report issued following an
				opportunity to provide a written response to a draft report;
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 1 - General Provisions › Section 19801 - Quorum; Majority Vote; Limitations on Public Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A quorum shall be two of the three members
				then constituting the Panel.
(b) All
				decisions of the Panel shall be by majority vote of the three members then
				constituting the Panel.
(c) Public
				comment on each item of a Panel agenda shall be limited to 3 minutes per speaker,
				provided that the Panel may extend this limit by a uniform amount per
				speaker.
1. New section
				  filed 5-10-2004; operative 5-10-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 20).
Note: Authority cited: Section
					 41344.1,
					 Education Code. Reference: Section
					 41344.1,
					 Education Code.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 1 - General Provisions › Section 19802 - Education Audit Appeals Panel - Conflict of Interest Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Political Reform Act, Government Code Section
				  81000, et seq.,
				  requires each state and local government agency to adopt and promulgate a conflict
				  of interest code. The Fair Political Practices Commission has adopted a regulation,
				  2 Cal. Code of Regs., Section
				  18730, which contains the terms of a
				  standard conflict of interest code. It can be incorporated by reference and may be
				  amended by the Fair Political Practices Commission after public notice and hearings
				  to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal.
				  Code of Regs., Section
				  18730, and any amendments to it duly
				  adopted by the Fair Political Practices Commission are hereby incorporated by
				  reference and, along with the attached Appendix in which members and employees are
				  designated and disclosure categories are set forth, and the place of filing is
				  specified, shall constitute the conflict of interest code of the Education Audit
				  Appeals Panel (agency).
Designated employees shall file statements of economic interests
				  with the agency, which shall make the statements available for public inspection and
				  reproduction. Upon receipt of the statements of the members of the Panel or their
				  designees and of the Executive Officer, the agency shall make and retain copies of
				  the statements and send the originals to the Fair Political Practices
				  Commission.
1. New division 1.5
				  and chapter 1 (section
				  19802) and new section and Appendix
				  filed 3-11-2004; operative 4-10-2004. Approved by Fair Political Practices
				  Commission 12-8-2003. Submitted to OAL for printing only (Register 2004, No.
				  11).
2. Amendment of Appendix filed 6-5-2007; operative 7-5-2007.
				  Approved by Fair Political Practices Commission 4-30-2007 (Register 2007, No.
				  23).
Note: Authority cited: Section
					 87300,
					 Government Code. Reference: Sections
					 87300-
					 87302 and
					 87306,
					 Government Code.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 1 - General Provisions › Appendix - Appendix

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Designated Positions
Disclosure Category
Members of the Panel (includes designees)
I
Executive Officer
I
Employees in all legal classifications
I
Employees in Staff Services Analyst and Associate Governmental
						  Program Analyst positions who may affect decisions regarding equipment, goods, or
						  services
I
All contracted consultants
*
Disclosure Category I:
Persons in this category must report all investments, business
				  positions, and income, including gifts, loans, and travel payments, from sources
				  that provide leased facilities, goods, equipment, vehicles, machinery, or services,
				  including training or consulting services, of the type utilized by the Education
				  Audit Appeals Panel, as well as all sources of income, excluding salary, from local
				  education agencies authorized in statute to pursue appeals before the Education
				  Audit Appeals Panel.
* Consultants shall be included in the
				  list of designated employees and shall disclose pursuant to the broadest disclosure
				  category in the code subject to the following limitation:
The Executive Officer may determine in writing that a particular
				  consultant, although in a "designated position," is hired to perform a range of
				  duties that is limited in scope and hence is not required to comply fully with the
				  disclosure requirements described in this section. Such determination shall include
				  a description of the consultant's duties and, based upon that description, a
				  statement of the extent of disclosure requirements. The Executive Officer's
				  determination is a public record and shall be retained for public inspection in the
				  same manner and location as this conflict of interest code.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 2 - Summary Review; Appeals › Section 19803 - Request for Summary Review Filing; Form of Request for Summary Review; Withdrawal of Request for Summary Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				To request summary review, a local education agency shall, within 30 days of receipt
				of the final audit report, file a written Request for Summary Review with the
				Executive Officer of the Panel and shall:
(1)
				identify each finding for which summary review is requested; and
(2) set forth the basis for the local education
				agency's claim, as to each disputed finding, that it was in substantial compliance,
				as set forth in Education Code Section
				41344.1(c).
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 2 - Summary Review; Appeals › Section 19804 - Appeal Filing; Form of Notice of Appeal; Withdrawal of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To present
				an appeal to the Panel, a local education agency shall, within 60 days of receipt of
				the final audit report or within 30 days of receipt of the determination of a
				summary review, file a written Notice of Appeal with the Executive Officer of the
				Panel, identifying each finding being appealed:
(b) A local education agency may withdraw an
				appeal at any time prior to issuance of a decision by the Panel. The local education
				agency shall give prompt written notice of the withdrawal:
(1) to the Executive Officer of the
				Panel,
(2) if the appeal is pending
				before the Office of Administrative Hearings,
(A)
				to the administrative law judge assigned responsibility for the matter, or
(B) if the matter has not been assigned to a
				particular administrative law judge, to the Director of the Office of Administrative
				Hearings, and
(3) to all
				parties to the appeal.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 2 - Summary Review; Appeals › Section 19805 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Government Code Section
				  11440.50,
				  concerning intervention, grant of motion, and conditions, shall apply to appeal
				  proceedings of the Panel.
1. New section
				  filed 5-10-2004; operative 5-10-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 20).
Note: Authority cited: Section
					 41344.1,
					 Education Code. Reference: Section
					 41344.1,
					 Education Code.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 3 - Audits of California K-12 Local Education Agencies › Article 1 - General Provisions › Section 19810 - Annual Audit Guides

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The "2022-23 Guide for Annual Audits of K-12 Local Education
					 Agencies and State Compliance Reporting," (March 1, 2024), adopted by the Education
					 Audit Appeals Panel, is incorporated by reference. The guide provides the audit
					 steps, reporting requirements, and other guidance for the required annual financial
					 and compliance audits, subject to auditor judgment where alternative or additional
					 audit steps may be appropriate. The annual guide is superseded by a supplemental
					 audit guide, if needed, adopted before March 1 of each fiscal year. Each annual
					 guide, including Appendices A, B and C and any applicable supplement, is available
					 on
www.eaap.ca.gov/audit-guide
,
					 with paper or electronic copies available on request.
Note: Authority cited: Article XIII, Section 36 and Article
						XIIIA, Section 1, California Constitution; and Sections 14502.1 and 47612, Education
						Code. Reference: Article XIIIB, Section 1.5, California Constitution; and Sections
						2574, 14501, 14502.1, 14503, 37700, 41020, 41024, 41480, 42238.02, 43500, 43501,
						43502, 43504, 43505, 43509, 43520, 43521, 43522, 44258.9, 45037, 46146, 46300,
						47605, 47612, 47614, 47634, 48000, 48206, 48306, 48313, 51747, 51749, 52060, 53071,
						56026, 56340 and 76004, Education Code.
Note: Authority cited: Article XIII, Section
						36 and Article XIIIA, Section
						1, California Constitution; and Sections
						14502.1 and
						47612, Education
						Code. Reference: Article XIIIB, Section
						1.5, California Constitution; and
						Sections
						2574,
						14501,
						14502.1,
						14503,
						37700,
						41020,
						41024,
						41480,
						42238.02,
						43500,
						43501,
						43502,
						43504,
						43505,
						43509,
						43520,
						43521,
						43522,
						44258.9,
						45037,
						46146,
						46300,
						47605,
						47612,
						47614,
						47634,
						48000,
						48206,
						48306,
						48313,
						51747,
						51749,
						52060,
						53071,
						56026,
						56340 and
						76004, Education
						Code.
The
					 amended version of this section by
					 Register
					 2024, No. 25, effective 6/24/2024 is not yet
					 available.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 3 - Audits of California K-12 Local Education Agencies › Article 1 - General Provisions › Section 19810.5 - Annual Audit Guide 2020-21. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 3-12-2021 as an emergency; operative 3-12-2021 (Register 2021, No. 11). A
					 Certificate of Compliance must be transmitted to OAL by 9-8-2021 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Repealer filed 6-14-2021 as an emergency; operative 7-1-2021 pursuant to Government
					 Code section
					 11346.1(d).
					 Expiration date of emergency extended 60 calendar days pursuant to Executive Order
					 N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20
					 (Register 2021, No. 25). A Certificate of Compliance must be transmitted to OAL by
					 4-29-2022 or emergency language will be repealed by operation of law on the
					 following day.
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2022, No. 40).
Note: Authority cited: Sections
						14502.1 and
						47612, Education
						Code; and California Constitution, Article XIII, Section
						36, subdiv. (e), subpara 7 and Article
						XI-IIA, Section 1, subdiv. (b), subparas 3(C) and 3(D).
						Reference: California Constitution Article XIIIB, Section
						1.5; and Sections
						2574,
						14501,
						14502.1,
						14503,
						37700,
						41020,
						42238.02,
						43500,
						43501,
						43502,
						43504,
						43505,
						43509,
						44258.9,
						45037,
						46300,
						47612.5,
						47634.2 and
						48000, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 3 - Audits of California K-12 Local Education Agencies › Article 1 - General Provisions › Section 19811 - Qualifications of Auditors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each audit
				  shall be made by a certified public accountant or a public accountant, licensed by
				  the California Board of Accountancy, and selected by the local education agency from
				  a directory of certified public accountants and public accountants deemed by the
				  Controller as qualified to conduct audits of local education agencies published by
				  the Controller not later than December 31 of each year.
(b) Except as provided in subdivision (d) of
				  Education Code Section
				  41320.1, it is
				  unlawful for a public accounting firm to provide audit services to a local
				  educational agency if the lead audit partner, or coordinating audit partner, having
				  primary responsibility for the audit, or the audit partner responsible for reviewing
				  the audit, has performed audit services for that local educational agency in each of
				  the six previous fiscal years. The Education Audit Appeals Panel may waive this
				  requirement if the panel finds that no otherwise eligible auditor is available to
				  perform the audit.
1. New section
					 filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A
					 Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and
					 filed 6-23-2004 (Register 2004, No. 26).
Note: Authority cited: Section
						14502.1,
						Education Code. Reference: Section
						41020, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 3 - Audits of California K-12 Local Education Agencies › Article 1 - General Provisions › Section 19812 - Auditing Standards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article 2
					 (sections 19812-19814) and section filed 3-15-2004
					 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A Certificate of
					 Compliance must be transmitted to OAL by 7-13-2004 or emergency language will be
					 repealed by operation of law on the following day.
2. Certificate of
					 Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and filed 6-23-2004
					 (Register 2004, No. 26).
3. Amendment moving section
					 19812 from article 2 to article 1 filed
					 6-9-2006; operative 6-9-2006 (Register 2006, No. 23).
4. Repealer filed
					 6-13-2014 as an emergency; operative 7-1-2014 pursuant to Government Code section
					 11346.1(d)
					 (Register 2014, No. 24). A Certificate of Compliance must be transmitted to OAL by
					 12-29-2014 or emergency action will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 6-13-2014 order transmitted to
					 OAL 9-24-2014 and filed 11-5-2014 (Register 2014, No.
					 45).
Note: Authority cited: Section
						14502.1,
						Education Code. Reference: Sections
						14501,
						14503 and
						41020, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 3 - Audits of California K-12 Local Education Agencies › Article 1 - General Provisions › Section 19813 - Materiality Levels for Compliance Auditing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 3-15-2004 as an emergency; operative 3-15-2004 (Register 2004, No. 12). A
					 Certificate of Compliance must be transmitted to OAL by 7-13-2004 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Certificate of Compliance as to 3-15-2004 order transmitted to OAL 5-6-2004 and
					 filed 6-23-2004 (Register 2004, No. 26).
3. Amendment of subsections (e)
					 and (e)(2) filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No.
					 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency
					 language will be repealed by operation of law on the following day.
4.
					 Certificate of Compliance as to 5-6-2005 order transmitted to OAL 5-24-2005 and
					 filed 6-20-2005 (Register 2005, No. 25).
5. Renumbering of section
					 19813 to section
					 19815 and renumbering of section
					 19815 to section
					 19813 filed 6-9-2006; operative 6-9-2006
					 (Register 2006, No. 23).
6. Repealer filed 6-13-2014 as an emergency;
					 operative 7-1-2014 pursuant to Government Code section
					 11346.1(d)
					 (Register 2014, No. 24). A Certificate of Compliance must be transmitted to OAL by
					 12-29-2014 or emergency action will be repealed by operation of law on the following
					 day.
7. Certificate of Compliance as to 6-13-2014 order transmitted to
					 OAL 9-24-2014 and filed 11-5-2014 (Register 2014, No.
					 45).
Note: Authority cited: Section
						14502.1,
						Education Code. Reference: Sections
						14502.1,
						14503 and
						41020, Education
						Code.
California Code of Regulations › Title 5 - Education › Division 1.5 - Education Audit Appeals Panel › Chapter 3 - Audits of California K-12 Local Education Agencies › Article 2 - Audit Reports [Repealed] › Section 19814.1 - Applicability of Audit Procedures by Audit Year. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). A
					 Certificate of Compliance must be transmitted to OAL by 10-15-2004 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 9-30-2004 as an emergency; operative 10-16-2004 (Register 2004,
					 No. 40). A Certificate of Compliance must be transmitted to OAL by 2-14-2005 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 9-30-2004 order, including
					 amendment of subsection (b), transmitted to OAL 12-9-2004 and filed 1-19-2005
					 (Register 2005, No. 3).
4. Amendment filed 2-10-2005 as an emergency;
					 operative 2-10-2005 (Register 2005, No. 6). A Certificate of Compliance must be
					 transmitted to OAL by 6-10-2005 or emergency language will be repealed by operation
					 of law on the following day.
5. Amendment of section and NOTE filed
					 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate
					 of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be
					 repealed by operation of law on the following day.
6. Certificate of
					 Compliance as to 2-10-2005 order, including 5-6-2005 emergency amendments,
					 transmitted to OAL 5-24-2005 and filed 6-20-2005 (Register 2005, No.
					 25).
7. Certificate of Compliance as to 5-6-2005 order, including further
					 amendment of subsection (a)(2), transmitted to OAL 8-26-2005 and filed 10-11-2005
					 (Register 2005, No. 41).
8. Amendment of subsection (a)(3) filed
					 2-17-2006 as an emergency; operative 2-17-2006 (Register 2006, No. 7). A Certificate
					 of Compliance must be transmitted to OAL by 6-19-2006 or emergency language will be
					 repealed by operation of law on the following day.
9. Certificate of
					 Compliance as to 2-17-2006 order, including renumbering and amendment of section
					 19814.1 to section
					 19816.1, transmitted to OAL 4-27-2006
					 and filed 6-9-2006 (Register 2006, No. 23).
Note: Authority cited: Section
						14502.1,
						Education Code. Reference: Sections
						14501,
						14502.1,
						14503,
						41020 and
						47634.2,
						Education Code.