1. (a) If a district is unable to comply with the 90-day deadline pursuant to sections 59327 and 59336, the district may extend the time to respond by up to 45 additional days. An extension may be taken only once without permission from the Chancellor's Office, and must be necessary for one of the following reasons:

   1. (1) a need to interview a party or witness who has been unavailable;
   2. (2) a need to review or analyze additional evidence, new allegations, or new complaints related to the matter; or
   3. (3) to prepare and finalize an administrative determination.
2. (b) Districts shall send a written notice to the complainant, and to a respondent who is aware of an investigation, indicating the necessity of an extension, the justification for the extension, and the number of days the deadline will be extended.
3. (c) Notice of an extension shall be sent to the complainant, and to a respondent who is aware of an investigation, no later than 10 days prior to the initial time to respond pursuant to section 59336.
4. (d) Districts may request additional extensions from the Chancellor after the initial 45-day extension. A copy of the extension request shall be sent to complainant, and to a respondent who is aware of an investigation. The complainant and respondent may each file a written objection with the Chancellor within five (5) days of receipt.
5. (e) The Chancellor may grant the extension for good cause, unless delay would be unduly prejudicial to the complainant or investigation.
6. (f) If a district fails to comply with the requirements of this section or section 59336 the Chancellor may proceed to review the case as provided in article 4 (commencing with section 59350) of this subchapter based on the original complaint and any other relevant information.

Note: Authority cited: Sections 66271.7, 66700 and 70901, Education Code. Reference: Sections 66250, 66251, 66252, 66270 and 72011, Education Code; and Sections 11135 and 11136, Government Code.

History

1. New section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).

2. Amendment of subsections (a), (c) and (d) filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).

3. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).

4. Amendment of subsection (c) filed 4-15-2002; operative 5-15-2002. Submitted to OAL for printing only (Register 2002, No. 23).

5. Amendment of section and Note 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).

6. Amendment of subsection (a) filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).

7. Amendment of section and Note filed 8-19-2020; operative 9-18-2020. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2020, No. 40).