5 CCR s 51102

Cal. Admin. Code tit. 5, s 51102

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 6. CALIFORNIA COMMUNITY COLLEGES
CHAPTER 2. COMMUNITY COLLEGE STANDARDS
SUBCHAPTER 2. INVESTIGATION AND ENFORCEMENT OF MINIMUM CONDITIONS
This database is current through 02/02/07, Register 2007, No. 5
s 51102. Enforcement.

(a) If any review pursuant to section 51100 discloses that a district may
not be in compliance with the provisions of subchapter 1 (commencing with
section 51100) of chapter 2, the Chancellor shall notify the chief
executive officer of the district in writing, and shall request an
official written response from the district by a date which the Chancellor
shall specify.

(b) After receiving the district's written response, or after the time for
response has lapsed, the Chancellor shall pursue one or more of the
following courses of action:

(1) accept in whole or part the district's response regarding the
alleged noncompliance;

(2) require the district to submit and adhere to a plan and
timetable for achieving compliance as a condition for continued
receipt of state aid;

(3) bar the district from eligibility for grants and/or contracts
administered by the Chancellor's Office;

(4) withhold all or part of the allocation of funds which the
district would otherwise receive from any categorical program
administered by the Chancellor's Office; and/or

(5) withhold or reduce all or part of the district's state aid,
including state general apportionment, and/or growth funding.

(c) The remedy required by the Chancellor shall be related to the extent
and gravity of noncompliance. As a general rule, categorical funds shall
only be withheld or reduced where the noncompliance was directly related
to the operation of that program or where other funds are not sufficient
to cover the extent of the withholding or reduction. Any withholding or
reduction of funding shall require approval of the Board of Governors.

(d) The Chancellor shall report to the Board of Governors on any actions
taken pursuant to subdivision (b) of this section, provided that, in the
event he or she determines to reduce or withhold all or a portion of a
district's state aid, the Chancellor shall inform and obtain the approval
of the Board prior to the reduction or withholding.

Note: Authority cited: Sections 66700 and 70901, Education Code.
Reference: Section 70901, Education Code.

HISTORY

1. Amendment filed 3-4-91 by Board of Governors of California Community
Colleges with the Secretary of State; operative 4-5-91 (Register 91, No.
23). Submitted to OAL for printing only pursuant to
Education Code Section70901.5(b).

2. Amendment filed 9-6-94; operative 10-6-94. Submitted to OAL for
printing
only pursuant to Education Code section 70901.5 (Register 94, No. 38).

3. Editorial correction of History1 (Register 95, No. 15).

4. Amendment filed 3-15-2006; operative 4-14-2006. Submitted to OAL for
printing only pursuant to Education Code section 70901.5 (Register 2006,
No. 17).

5 CCR s 51102, 5 CA ADC s 51102
1CAC

5 CA ADC s 51102

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