Decision by the First Department finds that Department of Education (DOE) did not afford petitioners the opportunity to review the information in the investigatory file pursuant to Chancellor's Regulation C-105 prior to making its decision. The decision remands the application to the D OE to give the petitioners an opportunity to review the information upon which DOE's determinations were based and to submit statements and documents.

Chancellor's Regulation C-105 provides:

"If, prior to the conclusion of any background investigation, information of a derogatory nature is obtained which may result in denying the application for license, certification or employment, an applicant will be given an opportunity to review such information with the [Office of Personnel Investigation] and to include in the investigatory file, any written statements or documents which refute or explain such information."

File courtesy of South Brooklyn Legal Services .