Cal. Code Regs. Tit. 10, § 6662 - Appeals Process
(a) Other than a determination made pursuant
to Section
6658, a decision that an
individual or entity is not eligible or qualified to participate or continue to
participate in a program under this Article may be appealed to the Exchange in
accordance with the requirements of this Section.
(b) The Exchange shall allow an applicant to
request an appeal within 60 calendar days of the date of the notice of
eligibility determination.
(c) The
first phase of the Appeals Process shall include an informal review by the
Exchange . The Exchange shall consider the information used to determine the
appellant 's eligibility as well as any additional relevant evidence presented
during the course of the appeal. The Exchange shall make an informal resolution
decision within 45 calendar days from the receipt of the appeal. The Exchange
shall notify the appellant in writing of the decision.
(d) If the appellant is satisfied with the
outcome of the informal resolution decision, the appeal may be withdrawn. If
the appeal is not withdrawn, it shall be automatically escalated to the second
phase of the Appeals Process. During the second phase, an independent unit
within the Exchange that had no involvement in the original eligibility or
qualification determination or informal resolution decision shall review the
eligibility or qualification of the appellant de novo. The
appellant shall be allowed to present additional evidence during the second
phase. The Exchange shall consider all relevant evidence presented during the
course of the appeal and notify the appellant in writing of the final decision
within 60 calendar days from the receipt of the appeal.
Notes
2. Repealed by operation of Government Code section 11346.1(g) (Register 2014, No. 7).
3. New section filed 2-10-2014 as an emergency pursuant to Government Code section 11346.1, subdivision (h); operative 2-10-2014 (Register 2014, No. 7). A Certificate of Compliance must be transmitted to OAL by 5-12-2014 or emergency language will be repealed by operation of law on the following
4. New section refiled 5-12-2014 as an emergency pursuant to Government Code section 11346.1, subdivision (h); operative 5-12-2014 (Register 2014, No. 20). A Certificate of Compliance must be transmitted to OAL by 8-11-2014 or emergency language will be repealed by operation of law on the following
5. New section refiled 7-21-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats 2014, c. 31); operative 7-21-2014 (Register 2014, No. 30). A Certificate of Compliance must be transmitted to OAL by 7-15-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following
6. 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 2-10-2017 or the language in the emergency order of 7-21-2014 will be repealed by operation of law on the following
7. Certificate of Compliance as to 7-21-2014 order, including further amendment of subsection (a) and NOTE, transmitted to OAL 11-6-2015 and filed 12-23-2015 (Register 2015, No. 52).
Note: Authority cited: Sections 100502 and 100504, Government Code. Reference: Sections 100502 and 100503, Government Code; and 45 C.F.R. §§ 155.205 and 155.210.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2014, No. 7).
3. New section filed 2-10-2014 as an emergency pursuant to Government Code section 11346.1, subdivision (h); operative 2-10-2014 (Register 2014, No. 7). A Certificate of Compliance must be transmitted to OAL by 5-12-2014 or emergency language will be repealed by operation of law on the following
4. New section refiled 5-12-2014 as an emergency pursuant to Government Code section 11346.1, subdivision (h); operative 5-12-2014 (Register 2014, No. 20). A Certificate of Compliance must be transmitted to OAL by 8-11-2014 or emergency language will be repealed by operation of law on the following
5. New section refiled 7-21-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats
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