Cal. Code Regs. tit. 17 § 54388

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 54388 - Good Cause

(a) For the purposes of sections 54380 through 54386 of these regulations, good cause for a failure to act is limited to:

(1) A violent act of nature including but not limited to, flood, earthquake, blizzard or fire; and/or

(2) Arson, vandalism and/or theft of records and/or property by individuals other than the appellant which preclude the appellant from filing a timely appeal.

(b) The appellant shall, within a reasonable time, not to exceed 60 days after the incident giving rise to its claim of good cause, submit to the director of the regional center or the Director of the Department, whichever is appropriate, the basis for its claim of good cause and all supporting documents or other evidence substantiating its claim. The director of the regional center, the Director of the Department or the Director's designee, whichever is appropriate, shall, within 30 days of receipt of the claim and supporting documentation, review the information and render a decision regarding whether good cause has been established.

(c) The director of the regional center, the Director of the Department or the Director's designee, whichever is appropriate, shall notify the appellant in writing of the decision and shall specify what action will be taken, if any, pursuant to sections 54380 through 54386 of these regulations.

Cal. Code Regs. Tit. 17, § 54388

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 A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.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: Chapter 722, Statutes of 1992, Section 147; Sections 4405, 4648(a) and 4791(i), Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4648(a) and 4791, Welfare and Institutions Code; U.S. Constitution, Amendment XIV, Section 1 and California Constitution, Article I, Section 7.