Cal. Code Regs. Tit. 10, § 6544 - Informal Resolution
(a) An
appellant shall have an opportunity for informal resolution prior to a hearing
in accordance with the requirements of this section.
(b) Upon receipt of a valid appeal request,
the SHOP shall:
(1) Contact the appellant to
attempt to informally resolve the appeal; and
(2) Provide the appellant the opportunity to
submit relevant evidence to assist in the informal resolution of the
appeal.
(c) An
appellant's right to a hearing shall be preserved in any case notwithstanding
the outcome of the informal resolution process, unless the appellant withdraws
their appeal request prior to the hearing date, in accordance with the
procedure set forth in Section
6546(a).
(d) If the appeal advances to hearing:
(1) The appellant shall not be asked to
provide information or documentation that they previously provided during the
application or informal resolution process.
(2) The SHOP shall issue a statement of
position and transmit via secure electronic interface, the statement of
position and all papers, requests, and documents the SHOP obtained during the
informal resolution process, to the appeals entity no less than two (2)
business days before the date of the hearing.
(3) The SHOP shall make the statement of
position available to the appellant no less than two (2) business days before
the date of the hearing.
(e) If the appellant is satisfied with the
outcome of the informal resolution process and withdraws their appeal request
in accordance with Section
6546(a) and the
appeal does not advance to hearing:
(1) The
SHOP shall, within five (5) business days from the date of the outcome of the
informal resolution, send the appellant notice, which shall:
(A) State the outcome of the informal
resolution, including a plain language description of the effect of such
outcome on the appellant's appeal and eligibility;
(B) State the effective date of such outcome,
if applicable; and
(2)
Within three (3) business days from the date of the outcome of the informal
resolution, send notice of the informal resolution outcome to the appeals
entity via secure electronic interface.
Notes
Note: Authority cited: Section 100504, Government Code. Reference: Section 100506, Government Code; and 45 CFR § 155.740.
Note: Authority cited: Section 100504, Government Code. Reference: Section 100506, Government Code; and 45 CFR § 155.740.
2. New section refiled 6-2-2014 as an emergency; operative 6-2-2014 (Register 2014, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-2-2014 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-2-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats.
4. Senate Bill 75 (Stats.
5. Certificate of Compliance as to 9-2-2014 order transmitted to OAL 5-4-2016 and filed 6-14-2016 (Register 2016, No. 25).
6. Change without regulatory effect amending subsections (c), (d)(1) and (e) filed
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