Cal. Code Regs. tit. 17 § 54382

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 54382 - Contents of Appeal and Decision

(a) The appeal filed pursuant to section 54380 of these regulations shall be in writing and shall include the following:

(1) The appellant's:

(A) Name, business address, and telephone number; and

(B) Vendor identification number, service code, subcode, and type of service provided as specified in sections 54340 through 54356 of these regulations, if applicable.

(2) Identification of the action being appealed;

(3) The specific basis for the appeal; and

(4) All supporting documentation and any other information necessary to substantiate and/or justify the appeal, including the specific regulation used as the basis for the appeal.

(b) Within 15 days after receipt of the appeal, the director of the vendoring regional center or his or her designee shall review the appeal to determine whether it contains the information required by (a) above.

(1) If all required information has been submitted, the director or his or her designee shall render a decision pursuant to (c) below.

(2) If all the required information has not been submitted and/or additional information is needed, the director of the vendoring regional center or his or her designee shall request the information in writing from the appellant. The appellant shall submit the information within 15 days after receipt of the request:

(A) If the information is not submitted within the time specified, the appeal shall be deemed withdrawn and no further action will be taken unless the appellant established good cause pursuant to section 54388 of these regulations for the later submission. Good cause shall be determined by the director of the vendoring regional center or his or her designee in accordance with section 54388 of these regulations:

1. If good cause for late submission is established, the director of the vendoring regional center or his or her designee shall proceed with the appeal and render a decision pursuant to (c) below.

(B) If the information is submitted but does not comply with the request, the appeal shall be deemed withdrawn and no further action will be taken.

(c) The director of the vendoring regional center or his or her designee shall render a decision on the appeal within 60 days after receipt of all required and/or requested information. The decision shall:

(1) Identify the specific issue(s) in dispute;

(2) Rule on each issue identified;

(3) State the facts supporting each ruling;

(4) Specify the statutes and regulations upon which each ruling is based; and

(5) Specify the procedure for appealing the vendoring regional center's decision to the Director of the Department.

(d) A written copy of the decision shall be mailed to the appellant within 15 days after the decision is rendered.

(e) If the appellant does not appeal the decision to the Director of the Department, pursuant to section 54384 of these regulations, it shall be deemed final, and the vendoring regional center shall send a copy of the decision to all regional center(s) utilizing the service.

Cal. Code Regs. Tit. 17, § 54382

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 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).
4. 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: Sections 4405 and 4648(a), Welfare and Institutions Code; and Section 11152, Government Code. Reference: Section 4648(a), Welfare and Institutions Code; U.S. Constitution, Amendment XIV, Section 1 and California Constitution, Article I, Section 7.