Cal. Code Regs. Tit. 2, § 22100.4 - Termination and Appeal Procedures
Current through Register 2022 Notice Reg. No. 14, April 8, 2022
(a) Notification of termination shall be sent
to program participants and enrolling agencies by certified mail. The
notification of termination shall include the grounds for termination, the date
in which termination shall be effective, and the appeal procedures.
(b) A program participant or enrolling agency
shall have five (5) business days from date of receipt of the notification of
termination to provide the Secretary of State with a statement signed by the
program participant or authorized representative of the enrolling agency
appealing the termination. The statement shall include argument and facts as to
why the Secretary of State should not terminate the certification or
designation. Any evidence, including supporting declarations, shall be
submitted with the signed statement. The Secretary of State shall have three
(3) business days from the date of receipt to review the appeal, issue a
decision, and send by certified mail the decision to the program participant or
enrolling agency.
(c) If the appeal
process for a program participant extends beyond the termination date
identified in the notification of termination, the Secretary of State shall
continue to act as though the certification is valid until the Secretary of
State issues a decision. If the decision is to terminate the program
participant's certification, the termination shall be effective three (3)
business days after the decision is mailed by certified mail to the program
participant. The decision shall also state the date in which the program
participant's certification shall be terminated.
(d) If the appeal process for an enrolling
agency extends beyond the termination date identified in the notification of
termination, the community-based assistance organization shall not represent
itself as an enrolling agency, unless and until such time as the Secretary of
State reinstates the designation as an enrolling agency.
Notes
Note: Authority cited: Section 6215.9, Government Code. Reference: Sections 6215.3, 6215.4 and 6215.8, Government Code.Authority cited: Section 6215.9, Government Code. Reference: Sections 6215.3, 6215.4 and 6215.8, Government Code.
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