Section 18809 - Processing(a) Processing and review of any application or affidavit received by the superintendent shall not commence until, in the superintendent's determination, the application/affidavit is complete, all required documentation is included and complete and the required fee is received. Processing and review shall not continue until the applicant or affiant has supplied all additional information as may be requested by the superintendent.(b) In compliance with Chapter 3 (commencing with Section 15374) of Part 6.7 of Division 3 of Title 2, Government Code, this agency, upon receiving an application/affidavit, shall inform an applicant/affiant in writing within the following maximum state working days:(1) That such application/affidavit is incomplete or incorrect. A letter detailing the deficiencies shall be mailed or delivered within 10 days from the receipt of applications/affidavits pursuant to Education Code Sections 94310.1, 94311(a), (b), (c), 94315, and 94333, 94311(d)(3), and within 20 days from the receipt of applications/affidavits pursuant to Education Code Sections 94310.2, 94310.3, 94310.4, and 94311(d). Or,(2) That such application/affidavit is complete, and the applicant/affiant qualifies for the status applied for. The final decision shall be rendered, and the document granting the status applied for shall be mailed or delivered within 10 days from the receipt of applications/affidavits pursuant to Education Code Sections 94310.1, 94311(a), (b), (c), 94315, 94333, and 94311(d)(3) and the procedures specified in statute shall proceed immediately upon the receipt of completed applications/affidavits pursuant to Education Code Sections 94310.2, 94310.3, 94310.4, and 94311(d). Or,(3) That such application/affidavit is complete, but it is the intention of the superintendent to deny the status applied for. (A) For applications/affidavits pursuant to Education Code Sections 94310.1, 94311(a), (b), (c), 94315, 94333, and 94311(d)(3), a detailing notice of intention to deny shall be mailed or delivered within 10 days from the receipt of the applications/affidavits. For applications/affidavits pursuant to Education Code Section 94311(d), a decision of intention to deny shall be rendered, and a detailing notice of intention to deny shall be mailed or delivered, within the procedural time periods specified in statute.(B) A final decision of the superintendent shall be rendered to deny the status applied for or to abandon the denial action and grant the status applied for, and a letter of denial or the document granting the status, as applicable, shall be mailed or delivered within 190 days from the date of the superintendent's notice of intention to deny.(c) The statutory committee visitations shall occur within 30 days from the superintendent's impaneling the committee pursuant to Education Code Sections 94310.3 and 94310.4 and within 90 days pursuant to Section 94310.2. Final committee reports shall be forwarded to the superintendent within 30 days following the on-site visitation by the committee pursuant to Sections 94310.2 and 94310.4.(d) Any appeal arising from an alleged violation to the time periods established in this section shall be resolved by the hearing procedures described in Section 18827.(e) Should an appeal result in a decision that the appellant's application/affidavit was not processed within the maximum time limits specified in subdivision (c), any and all fees paid with respect to that application/affidavit shall be refunded to the applicant/affiant without granting the status for which application/affidavit was made.Cal. Code Regs. Tit. 5, § 18809
1. Renumbering and amendment of former Section 18809 to Section 18805, and renumbering of Section 18816 to Section 18809 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Amendment filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Change without regulatory effect of subsections (b) and (c) filed 2-2-89; operative 2-2-89 (Register 89, No. 8). Note: Authority cited: Section 15376, Government Code. Reference: Sections 15376 and 15378, Government Code.
1. Renumbering and amendment of former Section 18809 to Section 18805, and renumbering of Section 18816 to Section 18809 filed 1-15-85; effective thirtieth day thereafter (Register 85, No. 3).
2. Amendment filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Change without regulatory effect of subsections (b) and (c) filed 2-2-89; operative 2-2-89 (Register 89, No. 8).