Section 1899.515 - Appeal of Determination(a) All determinations of noneligibility for certification of TBE status made by the Treasurer shall become final unless the determination is appealed in a timely manner. Any business enterprise which believes that the determination has resulted in its being wrongly denied certification as a TBE by the Treasurer may file an appeal in writing, signed and dated, with the Treasurer. The appeal must be filed no later than 20 days after the date of notice of decertification or denial of certification. The Treasurer may, upon written request which specifies the reasons for such request, extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reasons for doing so.(b) Following receipt of an appeal, where the appeal is based upon denial of an application for certification the Treasurer shall determine whether the appeal is to be resolved by the submittal of written documents or by public hearing, or both. When the appeal is based upon the revocation of a currently valid certification, the appeal shall be resolved by public hearing. In the event a public hearing is to be held, the Treasurer shall set a date, time and place for the hearing and shall notify the applicant not less than 20 days in advance of the hearing. The Treasurer may, on the request of the applicant with a showing of good cause or on the Treasurer's own motion, giving advance notice to the applicant, change the date of, postpone or continue the hearing. If the appeal is to be determined through the submittal of written documents, notice shall be sent to the applicant and the applicant may submit written materials in support of its position in accordance with the deadline established by the hearing officer. The determination that the appeal shall be resolved through the submittal of written documents shall be based on the hearing officer's finding that oral or additional testimony would be unnecessary for a full understanding of the issues.(c) Any written submission to the Treasurer in connection with an appeal under this section shall, at a minimum, include an original and two copies.(d) At any time the Treasurer finds that an appeal is clearly insufficient on its face, entirely without merit, or outside of the jurisdiction of the Treasurer, the Treasurer may summarily dismiss the appeal without hearing.(e) Recertification. A person or firm whose application for certification is denied, and any person or firm which is decertified by formal determination of the Treasurer may re-apply for certification (or re- certification). Applications for re-certification must include a written description of the material changes instituted by the applicant warranting reconsideration by the Treasurer.Cal. Code Regs. Tit. 2, § 1899.515
1. New section filed 4-10-89 as an emergency; operative 4-10-89 (Register 89, No. 15). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-8-89.
2. Certificate of Compliance transmitted to OAL 8-8-89 and filed 9-7-89 (Register 89, No. 40).
3. Amendment filed 6-19-91; operative 6-19-91 (Register 91, No. 42). Note: Authority cited: Section 16853, Government Code; Section 999.5, Military and Veterans Code. Reference: Sections 16850- 16853, Government Code; Sections 999- 999.5, Military and Veterans Code.
1. New section filed 4-10-89 as an emergency; operative 4-10-89 (Register 89, No. 15). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-8-89.
2. Certificate of Compliance transmitted to OAL 8-8-89 and filed 9-7-89 (Register 89, No. 40).
3. Amendment filed 6-19-91; operative 6-19-91 (Register 91, No. 42).