Section 14104 - Instructor Certificate Cancellation, Suspension or Revocation: Request and Scope of HearingThis section applies to school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificates.
(a) Any state-certified bus driver instructor who has received a notice of cancellation, suspension or revocation from the California Department of Education may, within 20 days of date of service of the notice, submit to the California Department of Education a written request for a hearing. Failure to request a hearing within 20 days shall be considered a waiver of the right to a hearing.(b) Service of the notice of cancellation, suspension or revocation may be made personally or by mail. Service by mail is effective as of the date the notice is deposited for delivery by the United States Postal Service.(c) Upon receipt by the California Department of Education of a hearing request, the California Department of Education shall appoint an Instructor Certificate Review Board to conduct the hearing. The Instructor Certificate Review Board shall consist of three members: a Bus Driver Training Program Specialist from the California Department of Education who shall serve as the chairperson; and two members representing school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle drivers, depending upon the rating held by the driver instructor requesting the hearing. The hearing will include a presentation of the California Department of Education's reasons for the cancellation, suspension, or revocation and may include the verbal or written presentation of information by the driver instructor related to the administrative action being proposed. After the hearing, the chairperson of the Instructor Certificate Review Board shall report the findings and recommendations of the review board to the State Superintendent of Public Instruction.(d) The State Superintendent of Public Instruction (or his or her designee) shall review the findings and recommendations of the Instructor Certificate Review Board, and after reviewing the record, make a decision within 30 days of the hearing concerning the disposition of the action to be taken by the California Department of Education. The decision of the State Superintendent of Public Instruction (or his or her designee) is final.(e) This section is not applicable to a state-certified bus driver instructor whose commercial driver license, special driver certificate or transit bus driver certificate was canceled, suspended or revoked by the California Department of Motor Vehicles.Cal. Code Regs. Tit. 5, § 14104
1. New section filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-18-97 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 33).
3. New section filed 8-10-98; operative 9-9-98 (Register 98, No. 33). Note: Authority cited: Section 38165(h), Education Code. Reference: Section 38165, Education Code.
1. New section filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-18-97 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 33).
3. New section filed 8-10-98; operative 9-9-98 (Register 98, No. 33).