Cal. Code Regs. Tit. 10, § 6546 - Dismissals of Appeals
(a)
The appeals entity shall dismiss an appeal if the appellant:
(1) Withdraws the request in writing prior to
the hearing date; or
(2) Fails to
submit an appeal request meeting the standards specified in Section
6542(d);
(3) Fails to appear at a scheduled hearing
without good cause.
(b)
If an appeal is dismissed, the appeals entity shall, within 15 business days
from the date of the dismissal, provide written notice to the appellant
including the reason for the dismissal. This notice shall include:
(1) The reason for the dismissal;
and
(2) An explanation of how the
appellant may show good cause as to why the dismissal should be vacated in
accordance with subdivision (d) of this section.
(c) If an appeal is dismissed, the appeals
entity shall, within 15 business days from the date of the dismissal, provide
notice of the dismissal to the SHOP.
(d) The appeals entity may vacate a dismissal
and proceed with the appeal if the appellant makes a written request within 30
calendar days of the date of the notice of the dismissal showing good cause why
the dismissal should be vacated.
Notes
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 A Certificate of Compliance must be transmitted to OAL by 9-2-2014 or emergency language will be repealed by operation of law on the following day.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. 2014, c. 31); operative 9-2-2014 (Register 2014, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-3-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.
4. Senate Bill 75 (Stats. 2015, Ch. 18) modified Government Code section 100504(a)(6) to change the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, Ch. 18), a Certificate of Compliance must be transmitted to OAL by 12-5-2016 or the language in the emergency order of 9-2-2014 will be repealed by operation of law on the following day (Register 2015, No. 38).
5. Certificate of Compliance as to 9-2-2014 order, including amendment of subsection (b), new subsections (b)(1)-(c) and subsection relettering, transmitted to OAL 5-4-2016 and filed 6-14-2016; amendments effective 6-14-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 25).
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, including amendment of subsection (b), new subsections (b)(1)-(c) and subsection relettering, transmitted to OAL 5-4-2016 and filed 6-14-2016; amendments effective
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