California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 13 - School Facilities and Equipment › Subchapter 2 - Use of School Buses and School Pupil Activity Buses › Article 1 - General Provisions › Section 14104 - Instructor Certificate Cancellation, Suspension or Revocation: Request and Scope of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section applies to school pupil activity bus (SPAB),
						transit bus, schoolbus, or farm labor vehicle driver instructor
						certificates.
(a) Any state-certified
					 bus driver instructor who has received a notice of cancellation, suspension or
					 revocation from the California Department of Education may, within 20 days of
					 date of service of the notice, submit to the California Department of Education
					 a written request for a hearing. Failure to request a hearing within 20 days
					 shall be considered a waiver of the right to a hearing.
(b) Service of the notice of cancellation,
					 suspension or revocation may be made personally or by mail. Service by mail is
					 effective as of the date the notice is deposited for delivery by the United
					 States Postal Service.
(c) Upon
					 receipt by the California Department of Education of a hearing request, the
					 California Department of Education shall appoint an Instructor Certificate
					 Review Board to conduct the hearing. The Instructor Certificate Review Board
					 shall consist of three members: a Bus Driver Training Program Specialist from
					 the California Department of Education who shall serve as the chairperson; and
					 two members representing school pupil activity bus (SPAB), transit bus,
					 schoolbus, or farm labor vehicle drivers, depending upon the rating held by the
					 driver instructor requesting the hearing. The hearing will include a
					 presentation of the California Department of Education's reasons for the
					 cancellation, suspension, or revocation and may include the verbal or written
					 presentation of information by the driver instructor related to the
					 administrative action being proposed. After the hearing, the chairperson of the
					 Instructor Certificate Review Board shall report the findings and
					 recommendations of the review board to the State Superintendent of Public
					 Instruction.
(d) The State
					 Superintendent of Public Instruction (or his or her designee) shall review the
					 findings and recommendations of the Instructor Certificate Review Board, and
					 after reviewing the record, make a decision within 30 days of the hearing
					 concerning the disposition of the action to be taken by the California
					 Department of Education. The decision of the State Superintendent of Public
					 Instruction (or his or her designee) is final.
(e) This section is not applicable to a
					 state-certified bus driver instructor whose commercial driver license, special
					 driver certificate or transit bus driver certificate was canceled, suspended or
					 revoked by the California Department of Motor Vehicles.
1. New
						section filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No.
						47). A Certificate of Compliance must be transmitted to OAL by 3-18-97 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 98, No. 33).
3. New section filed 8-10-98; operative
						9-9-98 (Register 98, No. 33).
Note: Authority cited: Section
						  38165(h),
						  Education Code. Reference: Section
						  38165,
						  Education Code.