Cal. Code Regs. Tit. 25, § 5818 - Appeals

(a) Any person determined to be ineligible to receive public benefits by an enforcement agency pursuant to this chapter may appeal that determination as provided in this section.

(b) To be considered, an appeal must:

(1) be submitted in writing to the enforcement agency that performed the eligibility verification;

(2) be delivered to the department by the applicant, by a messenger service, or by U.S. Mail, within 10 calendar days from the date of the written determination of ineligibility, as evidenced by either the date of receipt when delivered by the applicant, or by a Postmark or equivalent date on the messenger service delivery envelope; and

(3) state the reason(s) the person believes the determination was in error.

(c) The enforcement agency shall follow the appeal procedures set forth in this subdivision:

(1) Upon receipt of an appeal, the verifying enforcement agency shall conduct an administrative review of the decision being appealed, including all documentary information submitted by the appellant in support of his or her appeal. Within 15 calendar days of receipt of an appeal, the administrative review shall be completed and a written notice issued to the appellant either that the appellant has been found eligible to receive benefits, or that the appellant has been found ineligible to receive benefits and the date, time and location at which a hearing will take place. The hearing may be by telephone or in person, in which case the hearing will be held in the general geographic area where the benefit would have been conferred.

(2) The enforcement agency shall appoint an employee other than the person who performed the initial verification to serve as Hearing Officer. The program providing the benefit applied for may be, but is not required to be, represented at the hearing.

(3) The Hearing Officer may determine the relevance of the information or testimony, may limit the length of presentations, and may eject threatening or abusive persons from the hearing. The Hearing Officer may request additional evidence, proof, or documentation from the appellant at the time of the hearing, or thereafter, and shall set a time after which no additional information will be accepted.

(4) The authority of the Hearing Officer shall be limited to determinations of eligibility pursuant to this chapter, and he or she shall have no authority to overrule any finding or decision of the INS. Pending the Hearing Officer's decision, any discretionary action regarding eligibility for public benefits shall be stayed. If, during the appeal process, the appellant is found to be ineligible to receive benefits under the program applied under for reasons other than those set forth in this subchapter, the appeal shall be dismissed.

(5) The Hearing Officer shall render a decision in writing within 15 working days after the hearing, and this will be a final administrative decision.

(6) The hearing shall be recorded, but only transcribed where the verifying entity deems it necessary. Tapes shall be retained for one year after a decision is reached.

Notes

Cal. Code Regs. Tit. 25, § 5818

1. New section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-4-98 order, including repealer of former section 5818 and renumbering of former section 5820 to new section 5818, transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

1. New section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-4-98 order, including repealer of former section 5818 and renumbering of former section 5820 to new section 5818, transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).