Section 8406.9.

(a) An agency that places a person in a position of fiscal responsibility or control who has been convicted of any crime specified in Chapter 2 (commencing with Section 458) of, Chapter 4 (commencing with Section 470) of, Chapter 5 (commencing with Section 484) of, Chapter 6 (commencing with Section 503) of, or Chapter 7 (commencing with Section 518) of, Title 13 of Part 1 of the Penal Code may have its contract suspended or terminated immediately if there is documented evidence of the conviction, and upon review and recommendation of the general counsel of the State Department of Education.

(b) For purposes of this section, "position of fiscal responsibility or control" includes any authority to direct or control expenditure of, or any access to, state or federal child care and development funds received pursuant to this chapter whether that authority or access is conferred based on the person's status as an employee, director, manager, board member, or volunteer, or based on any other status.

(c) An agency whose contract is terminated pursuant to this section may appeal that action in accordance with Section 8402.

(d) Termination pursuant to this section shall not occur without notice as described in Section 8406 at least 90 days prior to termination.

(e) If the agency provides evidence to the State Department of Education that the convicted person has been removed from the position of fiscal responsibility or control and provides assurance that the person will not be returned to a position of fiscal responsibility or control, the State Department of Education shall withdraw the termination action.

(Added by Stats. 2002, Ch. 142, Sec. 1. Effective January 1, 2003.)