Section 7625 - Secretary's Determination of Appeal(a) As used in this Section, "time period" means the maximum time period for determining an application as established in a state agency's regulations in accordance with Government Code Section 15376. Where a state agency has not designated in its regulation a "maximum" time limit because it had no basis of actual performance during the two years prior to proposing its regulation, "time period" means the time period specified in the regulation within which the state agency is required to render a decision after the receipt of a completed application.(b) Within 10 business days after either receiving the state agency's response or the elapsing of the 10-day response period, the Secretary shall issue a written decision on the applicant's appeal.(c) The Secretary shall require the state agency to fully reimburse the applicant for filing fees paid if:(1) The agency did not make a decision on the application within the time period specified in the state agency's regulations; and(2) The Secretary decides the appeal in favor of the applicant.(d) The Secretary shall decide the appeal in favor of the applicant if the Secretary finds all of the following: (1) The state agency did not make a decision on the application within the time period for such decision specified in the state agency's regulations.(2) The state agency has complied with any applicable notice and hearing requirements.(3) The state agency has failed to establish good cause for exceeding the time period.(e) In the event that the state agency has not yet rendered a decision, the Secretary shall set a date by which the state agency is required to make a decision.(f) A copy of the Secretary's decision shall be delivered or mailed to the applicant and to the state agency.Cal. Code Regs. Tit. 21, § 7625
1. New section filed 6-27-95; operative 7-12-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26). Note: Authority cited: Section 15378, Government Code. Reference: Section 15378, Government Code.
1. New section filed 6-27-95; operative 7-12-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 26).