California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.10 - Notification of Grantee; Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority will provide notice to each Applicant of Authority staff's
				eligibility determination and award calculation pursuant to Sections
				10170.7 and
				10170.8.
(b) An Applicant shall have 30 calendar days
				from receipt of the Authority's notice to request reconsideration of
				eligibility or the award calculation by Authority staff.
(c) Authority staff shall have 30 calendar
				days to review an Applicant's request for reconsideration and provide a final
				staff decision.
(d) If the
				Applicant is unsatisfied with Authority staff's final decision, the Applicant
				shall have 30 calendar days following receipt of notice of the decision to
				notify the Authority that the Applicant wishes to appeal the matter to the
				Authority board.
(e) Upon receipt
				of an appeal notice from an Applicant, the matter will be considered by the
				Authority board at the next regularly scheduled Authority meeting.
(f) Applicants may request a single extension
				of up to 30 days for either of the deadlines provided in Section
				10170.10 (b) or
				(d). Including the 30 day extension, the
				entire Appeal Process under subsections (b)-(d) may not exceed 120 days. The
				extension request must be approved by Authority staff and can be granted only
				one time during an appeal process. Staff shall consider the request for
				extension based on a showing of good cause and evaluate on a case-by case
				basis. Extensions granted under these conditions are considered final and not
				subject to an additional appeal process.
(g) If an appeal is not able to be resolved
				by the deadlines provided in Section
				10170.10 (b), (d), and
				(f), the Authority shall deny the appeal
				based on a failure to comply with Program regulations. This decision is
				considered final and is not subject to an additional appeal.
(h) If an eligibility determination or award
				calculation is modified by Authority staff or the Authority Board, changes in
				apportionments will be processed and distributed to the Applicant within 30
				days.
1. New section
				  filed 8-16-2013 as an emergency; operative 8-16-2013 (Register 2013, No. 33). A
				  Certificate of Compliance must be transmitted to OAL by 2-12-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 1-21-2014 as an emergency; operative
				  1-21-2014 (Register 2014, No. 4). A Certificate of Compliance must be
				  transmitted to OAL by 4-21-2014 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  3-24-2014 as an emergency; operative 4-21-2014 (Register 2014, No. 13). A
				  Certificate of Compliance must be transmitted to OAL by 7-21-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 3-24-2014 order transmitted
				  to OAL 6-25-2014 and filed 8-6-2014 (Register 2014, No. 32).
5.
				  Amendment of subsections (b) and (c) filed 4-27-2015 as an emergency; operative
				  4-27-2015 (Register 2015, No. 18). A Certificate of Compliance must be
				  transmitted to OAL by 10-26-2015 or emergency language will be repealed by
				  operation of law on the following day.
6. Amendment of subsections
				  (b) and (c) refiled 10-26-2015 as an emergency; operative 10-26-2015 (Register
				  2015, No. 44). A Certificate of Compliance must be transmitted to OAL by
				  1-25-2016 or emergency language will be repealed by operation of law on the
				  following day.
7. Amendment of subsections (b) and (c) refiled
				  1-25-2016 as an emergency; operative 1-25-2016 (Register 2016, No. 5). A
				  Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency
				  language will be repealed by operation of law on the following
				  day.
8. Certificate of Compliance as to 1-25-2016 order, including
				  further amendment of subsections (b)-(d), transmitted to OAL 4-1-2016 and filed
				  4-27-2016; amendments operative 4-27-2016 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2016, No. 18).
9. Amendment of subsections (a), (b) and
				  (f) filed 4-10-2017 as an emergency; operative 4-10-2017 (Register 2017, No.
				  15). A Certificate of Compliance must be transmitted to OAL by 10-9-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
10. Certificate of Compliance as to 4-10-2017 order transmitted
				  to OAL 7-19-2017 and filed 8-24-2017 (Register 2017, No. 34).
11.
				  New subsections (f)-(g) and subsection relettering filed 11-2-2017 as an
				  emergency; operative 11-2-2017 (Register 2017, No. 44). A Certificate of
				  Compliance must be transmitted to OAL by 5-1-2018 or emergency language will be
				  repealed by operation of law on the following day.
12. New
				  subsections (f)-(g) and subsection relettering refiled 4-30-2018 as an
				  emergency; operative 4-30-2018 (Register 2018, No. 18). A Certificate of
				  Compliance must be transmitted to OAL by 7-30-2018 or emergency language will
				  be repealed by operation of law on the following day.
13. New
				  subsections (f)-(g) and subsection relettering refiled 7-30-2018 as an
				  emergency; operative 7-30-2018 (Register 2018, No. 31). A Certificate of
				  Compliance must be transmitted to OAL by 10-29-2018 or emergency language will
				  be repealed by operation of law on the following day.
14.
				  Certificate of Compliance as to 7-30-2018 order, including amendment of
				  subsections (a) and (f), transmitted to OAL 9-6-2018 and filed 10-18-2018;
				  amendments operative 10-18-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 42).
Note: Authority cited: Section
					 47614.5,
					 Education Code. Reference: Section
					 47614.5,
					 Education Code.