R277-407-16. Enforcement

  (1) The Superintendent shall monitor LEA compliance with this rule:

  (a) through the compliance reports provided in Section R277-407-14; and

  (b) by such other means as the Superintendent may reasonably request at any time.

  (2) If an LEA fails to comply with the terms of this rule or request of the Superintendent, the Superintendent shall send the LEA a first written notice of non-compliance, which shall include a proposed corrective action plan.

  (3) Within 45 days of the LEA's receipt of a notice of non-compliance, the LEA shall:

  (a) respond to the allegations of noncompliance described in Subsection (2); and

  (b) work with the Superintendent on the Superintendent's proposed corrective action plan to remedy the LEA's noncompliance.

  (4)(a) Within fifteen days after receipt of a proposed corrective action plan described in Subsection (3)(b), an LEA may request an informal hearing with the Superintendent to respond to allegations of noncompliance or to address the appropriateness of the proposed corrective action plan.

  (b) The form of an informal hearing described in Subsection (4)(a) shall be as directed by the Superintendent.

  (5) The Superintendent shall send an LEA a second written notice of non-compliance and request for the LEA to appear before a Board standing committee if:

  (a) the LEA fails to respond to the first notice of non-compliance within 60 days; or

  (b) the LEA fails to comply with a corrective action plan described in Subsection (3)(b) within the time period established in the LEA's corrective action plan.

  (6) If an LEA that failed to respond to a first notice of non-compliance receives a second written notice of non-compliance, the LEA may:

  (a)(i) respond to the notice of non-compliance described in Subsection (5); and

  (ii) work with the Superintendent on a corrective action plan within 30 days of receiving the second written notice of non-compliance; or

  (b) seek an appeal as described in Subsection (8)(b).

  (7) If an LEA that failed to respond to a first notice of non-compliance fails to comply with either of the options described in Subsection (6), the Superintendent shall impose one of the financial consequences described in Subsection (10).

  (8)(a) Prior to imposing a financial consequence described in Subsection (10), the Superintendent shall provide an LEA thirty days' notice of any proposed action.

  (b) The LEA may, within fifteen days after receipt of a notice described in Subsection (8)(a), request an appeal before the Board.

  (9) If the LEA does not request an appeal described in Subsection (8)(b), or if after the appeal the Board finds that the allegations of noncompliance are substantially true, the Superintendent may continue with the suggested corrective action, formulate a new form of corrective action or additional terms and conditions which must be met and may proceed with the appropriate remedy which may include an order to return funds improperly collected.

  (10) A financial consequence may include:

  (a) requiring an LEA to repay an improperly charged fee, commensurate with the level of non-compliance;

  (b) withholding all or part of an LEA's monthly Minimum School Program funds until the LEA comes into full compliance with the corrective action plan; and

  (c) suspending the LEA's authority to charge fees for an amount of time specified by the Superintendent or Board in the determination.

  (11) The Board's decision described in Subsection (9) is final and no further appeals are provided.