Cal. Code Regs. Tit. 10, § 6862 - Appeals Process
(a)
Other than a determination made pursuant to Section
6858, Certified Application
Counselor Fingerprinting and Criminal Record Checks, 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outcome of the informal resolution decision, the appeal may be withdrawn.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the appeal is not withdrawn, it shall be automatically escalated to the second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 initial appeal.
Notes
2. Editorial correction of HISTORY 1 (Register 2018, No. 37).
3. New section filed 6-7-2019; operative 6-7-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 23).
4. Editorial correction of HISTORY 1 (Register 2019, No. 39).
Note: Authority cited: Section 100504, Government Code. Reference: Section 100502, Government Code.
2. Editorial correction of History 1 (Register 2018, No. 37).
3. New section filed 6-7-2019; operative
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