Section 58440 - General Provisions(a) A vendor may appeal the following to the Department's Deputy Director who has the responsibility for setting rates: (1) Errors in service and/or cost and/or vendor income and/or, as applicable, regional center payment information submitted by the vendor which was utilized by the Department to establish the vendor's rate;(2) Errors by the Department in calculating the vendor's rate, including revised rates based on a final audit report or the results of an appeal of a final audit report;(3) The effective date of the rate, including revised rates based on a final audit report or the results of an appeal of a final audit report; and/or(4) A rate adjustment request denied by the Department pursuant to sections 58420 through 58424, except anticipated program changes that were not approved because funding was not appropriated for that purpose.(b) The vendor shall file the appeal with the Deputy Director within 12 months after the receipt of written notification from the Department of the vendor's rate.(c) If an appeal is not filed within the time specified, it shall be denied unless good cause pursuant to section 58446 is established for the late submission. Good cause shall be determined by the Deputy Director in accordance with section 58446. If good cause for late submission is established, the Deputy Director shall proceed to decide the appeal in accordance with section 58441.Cal. Code Regs. Tit. 17, § 58440
1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment of subsection (a)(1) and NOTE filed 8-6-92; operative 8-6-92 (Register 92, No. 33).
4. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
5. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31). Note: Authority cited: Chapter 722, Statutes of 1992, Section 147; and Sections 4690.2 and 4791(i), Welfare and Institutions Code. Reference: Sections 4690.2, 4691, 4691.5 and 4791, Welfare and Institutions Code.
1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment of subsection (a)(1) and Note filed 8-6-92; operative 8-6-92 (Register 92, No. 33).
4. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
5. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).