1. (a) The Chancellor may remand any matter to the originating district for any of the following reasons:

   1. (1) to cure defects in the investigation or in procedural compliance;
   2. (2) to consider new evidence not available during the investigation despite the complainant's due diligence that would substantially impact the outcome of the investigation; or
   3. (3) to modify or reverse a decision of the local governing board based upon misapplication of an applicable legal standard or an abuse of discretion.
2. (b) If a matter is remanded to the district, the district shall take necessary action and issue a decision after remand within sixty (60) days.
3. (c) In any case not involving employment discrimination, the complainant may appeal the district's amended determination to the Chancellor within thirty (30) days pursuant to section 59339.

Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code. Reference: Sections 66250, 66251, 66252, 66270 and 72011, Education Code; and Sections 11135 and 11136, Government Code.

History

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

2. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).

3. Repealer and new section 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).