Cal. Code Regs. Tit. 2, § 22101 - Withdrawals, Termination and Appeals under Chapter 3.1 (commencing with section 6205) of Division 7, Title 1 of the Government Code

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(a) A Program Participant may withdraw from the Safe at Home program by submitting a signed and dated written request to the Safe at Home program. Upon receipt of the Program Participant's request for withdrawal, Safe at Home shall send written confirmation of withdrawal, and request return of the Identification Card(s) issued by Safe at Home, and the Program Participant shall be terminated from the Safe at Home program.
(b) If the Safe at Home program determines that termination of a Program Participant's enrollment with the Safe at Home program is warranted, the Safe at Home program shall send a termination notice to the Program Participant at the most recent mailing and/or residential address on file with Safe at Home. Termination of a Program Participant's enrollment with Safe at Home is warranted if:
(1) The Program Participant's mail that has been forwarded to the Program Participant by Safe at Home is returned to Safe at Home as undeliverable to that Program Participant;
(2) The Program Participant's four-year term of enrollment has expired, and the Program Participant has not renewed their enrollment pursuant to Section 22100.9;
(3) Safe at Home discovers that the Participant more likely than not made a false attestation on their enrollment application as described in section 6206, subdivision (e) of the Government Code.
(c) The Safe at Home termination notice sent to the Participant shall include the reasons for the proposed termination of the Participant and shall describe a process for appealing the termination. The Safe at Home termination notice shall include a clearly identified due date by which a Program Participant shall submit an appeal to Safe at Home if the Program Participant wishes to remain active in the Safe at Home program. This clearly identified due date shall be 30 calendar days from the date of the termination notice.
(d) If the Program Participant wishes to remain active in the Safe at Home program, the Program Participant may submit a written appeal as described in Section 22101(e) of these regulations to the Safe at Home Program. To be considered by Safe at Home, the appeal shall arrive at Safe at Home by the due date included in the Safe at Home termination notice received by the Program Participant.
(e) A written appeal shall state facts that specifically rectify the reasons for termination stated in the Safe at Home termination notice, or facts that show that the reasons for termination stated in the termination notice are incorrect. The Safe at Home program shall issue a written decision on a timely received appeal within 30 calendar days of receipt of the appeal from the Program Participant. The Program Participant shall not be terminated if the appeal states facts showing the Program Participant is more likely than not still eligible to participate in the Safe at Home program under Government Code section 6206 and that the reason for termination was incorrect.
(f) If a Primary Participant's enrollment is terminated or if they withdraw from the program, Household Members shall be notified of their ineligibility to continue in the program as a Household Member and shall be informed of options available to them should they wish to remain a Program Participant.
(g) All mail received by Safe at Home on behalf of a terminated Program Participant shall be returned to sender. No written communication informing them of returned mail shall be provided to the terminated Program Participant.

Notes

Cal. Code Regs. Tit. 2, § 22101

Note: Authority cited: Section 6209, Government Code. Reference: Sections 6206, 6206.5, 6206.7 and 6208, Government Code.

1. New section filed 3-3-2020; operative 3-3-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 10).

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