Section 1270.70  Suspension of Service

The Director shall have the power to suspend services to any user school district.  The procedure for suspending service shall be as follows:

a)         If the Director receives an allegation from any source that a user school district is violating the terms of the user agreement or the terms of the inter-agency agreement or these rules, the Director shall investigate the allegation.

b)         If the Director's investigation, to the Director's satisfaction, indicates a probable violation, the Department shall send to the user school district a notice of the date on which the Department proposes to suspend service and a description of the alleged violation.

c)         The date indicated shall be at least 20 days after notice is received by the school district.

d)         Prior to suspension, the school district may request the Director for a hearing to review the alleged violation.

e)         If a hearing is requested, the Director shall conduct a hearing within 30 days of receipt of the request.

f)          At the hearing, the school district shall be allowed to present any evidence it believes relevant in defense of the alleged violation.

g)         If at the conclusion of the hearing there is a finding of no violation, then the suspension shall be cancelled.

h)         If at the conclusion of the hearing, there is a finding of violation, the Director shall:

1)         Suspend service to the school district;

2)         Grant the school district a period of time to discontinue the violation.  The Director shall conduct a hearing at the end of that period to review the school district's performance.  At the conclusion of the second hearing, the Director shall exercise the same options available after the original hearing.