Cal. Code Regs. tit. 14 § 4970.17

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 4970.17 - Appeal Process

(a) Applicants have the right to appeal the Intent to Award. The grounds for appeal are limited to the following:

(1) The OHMVR Division failed to follow these regulations, and/or

(2) The OHMVR Division lacked sufficient evidence to support or deny the award of a Grant(s).

(b) The steps for submitting an appeal are outlined in Table 6. An appeal must be received no later than 5:00 pm Pacific standard time on the last day of the appeal process.

(c) Applicants may not seek legal remedies through the courts until this appeal process has been completed.

(d) The receipt of an appeal by the OHMVR Division may delay the execution of Project Agreements within all Project categories until the appeal is resolved.

Table 6 -- Appeal Process
Action	Timeframe
An Applicant may file an appeal of the Intent to Award by submitting a detailed narrative that clearly articulates the reason(s) for the appeal including referencing the applicable statute and/or regulation section(s), and other documentation that supports the appeal and how the Intent to Award should be modified.	Within thirty (30) calendar days from the posting of the Intent to Award on the OHMVR Division Web site.
The appeal shall be submitted to the OHMVR Division Deputy Director by email to ohvinfo@parks.ca.gov.
The OHMVR Division Deputy Director shall respond to the Applicant in writing with a decision to uphold or deny the appeal.	Within sixty (60) calendar days following the filing of an appeal.
The Applicant may file a second appeal by submitting a detailed narrative that articulates the reason for the appeal and addresses the reason(s) why the OHMVR Division Deputy Director's denial shall be vacated. No new documentation or issues may be introduced during this second appeal.	Within seven (7) calendar days of receipt of written notification denying the appeal.
The appeal shall be submitted to the Director of the Department of Parks and Recreation by email to ohvinfo@parks.ca.gov.
The Director of the Department of Parks and Recreation shall respond to the Applicant in writing with a decision to uphold or deny the appeal.	Within thirty (30) calendar days following the filing of a second appeal.

Cal. Code Regs. Tit. 14, § 4970.17

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. New subsection (d) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment of subsection (b) filed 12-15-2015; operative 1-11-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 51).
4. Amendment of subsection (d) and Table 6 filed 12-22-2020; operative 12-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.

Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50(i), Public Resources Code.

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. New subsection (d) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4(Register 2010, No. 2).
3. Amendment of subsection (b) filed 12-15-2015; operative 1/11/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 51).
4. Amendment of subsection (d) and Table 6 filed 12-22-2020; operative 12/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.