Section 994.10 - Processing Time Appeal Process(a) If the DOJ fails to meet the time period for concluding the processing of an application for certification, the applicant may apply in writing for la full refund of all applicable fees. The request must be received by the DOJ within 30 days from the date of service of the final decision granting or denying the certification.(b) The DOJ shall respond within 10 days from the date of receipt of a request for refund.(c) If the refund is denied by the DOJ, the applicant may directly appeal the denial in writing to the Director. The appeal must be filed within 20 days from the date of service of the refund denial from the DOJ. The appeal shall set forth a concise statement of facts and chronology of events regarding the application for certification.(d) An appeal in subsection (c) of this section will promptly be reviewed, and a decision will be issued within 30 days from the completion of any investigation which the Director deems appropriate. The appeal in subsection (c) of this section will be decided in the applicant's favor if the DOJ has exceeded its maximum time period for the issuance or denial of the application for certification, and the DOJ has failed to establish good cause for exceeding this time period.(e) The DOJ shall include information regarding this appeal process with all denial notices.Cal. Code Regs. Tit. 11, § 994.10
1. New article 4 (sections 994.10-994.11) and section filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 46).
2. Relocation of article 4 from preceding section 994.10 to precede section 994.9, renumbering of former section 994.10 to section 994.9 and renumbering and amendment of former section 994.11 to section 994.10 filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41). Note: Authority cited: Section 11102.1, Penal Code. Reference: Section 11102.1, Penal Code.
1. New article 4 (sections 994.10-994.11) and section filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 46).
2. Relocation of article 4 from preceding section 994.10 to precede section 994.9, renumbering of former section 994.10 to section 994.9 and renumbering and amendment of former section 994.11 to section 994.10 filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).