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

Cal. Code Regs. Tit. 2, § 22100.4

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.

1. Certificate of Compliance as to 12-1-2003 order, including renumbering of former section 22130 to new section 22100.4 and amendment of Note, transmitted to OAL 3-29-2004 and filed 5-11-2004 (Register 2004, No. 20).

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