1. (a) Upon determination that a local agency violated the provisions of this chapter, the Department shall notify the local agency pursuant to sections 4633(g)(3) or 4664(b) that it must take corrective action to come into compliance. If corrective action is not taken, the Department may use any means authorized by law to effect compliance, including, but not limited to:

   1. (1) The withholding of all or part of the local agency's relevant state or federal fiscal support in accordance with state or federal statute or regulation;
   2. (2) Probationary eligibility for future state or federal support, conditional on compliance with specified conditions;
   3. (3) Proceeding in a court of competent jurisdiction for an appropriate order compelling compliance.
2. (b) No decision to curtail state or federal funding to a local agency under this chapter shall be made until the Department has determined that compliance cannot be secured by other means.
3. (c) If the Department determines that a Child Development Contractor's Agreement shall be terminated, the procedures set forth in sections 8257(b) or 8400 through 8409 of the Education Code and the regulations promulgated pursuant thereto (chapter 19 of title 5, CCR, commencing with section 18118), shall be followed.

Note: Authority cited: Sections 200, 221.1, 33031 and 33315, Education Code. Reference: Section 49556, Education Code; Sections 11135 and 11136, Government Code; and 34 C.F.R. Sections 76.783 and 106.8.

History

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).

2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).

3. Amendment of section and Note filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).