Section 50701 - DefinitionsThe following definitions govern the construction of sections within this subchapter unless the context otherwise requires:
Words shall have their usual meaning unless the context or a definition clearly indicates a different meaning. "May" means permissive. "Shall" means mandatory. "Should" means suggested or recommended.
(a) "Administrative review" means the preliminary investigation of the "Statement of Disputed Issues" submitted by an appellant as a part of its initial appeal. The investigation shall be conducted by an appeals review officer of the Department and may include, but not be limited to, the following:(1) A review of all documents submitted by the parties;(2) An interview of the parties and any prospective witnesses;(3) An on-site inspection of records;(4) An informal conference.(b) "Appellant" means any individual, entity or organization which is in the process or has properly filed an appeal in accordance with the provisions of this subchapter. An appellant may act through any duly authorized agent or legal counsel designated pursuant to subsection (c) of Section 50730.(c) "Appeal" means a written notification to the Department by any individual, entity or organization audited by the Department or regional center which disputes or protests a written report, finding or decision issued by the Department or regional center relating to such audit.(d) "Appeals review officer" means an individual designated by the Department to conduct the administrative review.(e) An "audit adjustment" means a finding contained in an audit report that either the fiscal requirements governing the individual, entity or organization audited have not been complied with to a specified extent or that a previously reported or claimed amount does not agree with an audited amount.(f) An "audit exception" means a type of audit adjustment or management comment which is against the interests of the individual, entity or organization audited.(g) An "audit report" means a document issued by the Department or regional center which results from a fiscal examination of the accounts, records and transactions of any individual, entity or organization subject to audit by the Department or regional center. The audit report may contain findings, such as audit exceptions, audit adjustments or management comments, as well as management recommendations, schedules and any other items of explanation necessary to provide an analysis of the fiscal activities for the period covered by the audit.(h) "Date of mailing" means the date postmarked on the envelope if postage was prepaid and the envelope was properly addressed.(i) "Days" means calendar days.(j) "Department" means the State Department of Development Services unless otherwise specified. The Department shall act through its authorized representatives.(k) "Director" means the Director of the State Department of Development Services.(l) "Duplicate" means a facsimile of the original produced by the same impression or from the same matrix as the original or by some other technique of accurate reproduction.(m) A "finding" means a relevant, written conclusion arrived at as a result of an audit, an administrative review or hearing and is contained in the audit workpapers, audit report, Letter of Findings, or decision related to the audit in question.(n) "Formal hearing" means an administrative hearing conducted by a hearing officer pursuant to Welfare and Institutions Code Section 4648.2, 4780.5 and the provisions of this subchapter.(o) "Hearing officer" means a person appointed by the Director pursuant to Welfare and Institutions Code Sections 4648.2 and 4780.5 to conduct formal hearings under this subchapter.(p) "Informal conference" means a meeting conducted by an appeals review officer as a part of the administrative review to clarify or resolve facts and issues in dispute.(q) A "management comment" means a finding contained in an audit report describing management practices of the individual, entity or organization audited as such practices relate to its fiscal activities.(r) A "management recommendation" means a corrective action proposed by the Department or regional center to enable the individual, entity or organization audited to better comply with appropriate fiscal requirements.(s) "Party" means an appellant, regional center or the Department. "Party also means an individual, entity, or organization joined to an appeal as an additional party pursuant to subsection (b) of Section 50708." The term "party" does not include the appeals review officer, the hearing officer, the Director, or any witnesses.Cal. Code Regs. Tit. 17, § 50701
1. Renumbering and amendment of former Section 50601 to Section 50701 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).
2. Editorial correction of NOTE (Register 2002, No. 46). Note: Authority cited: Section 11152, Government Code; and Sections 4648.2 and 4780.5, Welfare and Institutions Code. Reference: Sections 4648.1 and 4780.5, Welfare and Institutions Code.
1. Renumbering and amendment of former Section 50601 to Section 50701 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).
2. Editorial correction of Note(Register 2002, No. 46).