Section 30738 - Appeal Process(a) If a program participant is withdrawn, the individual may request an administrative appeal from the Adjutant General that describes why he or she should be reinstated into the program. In addition, supporting documentation showing that the program participant had continually met program eligibility shall be required. If the Adjutant General determines the program participant should not have been withdrawn, the individual's program benefits shall be reinstated. The program participant will not be eligible for any benefits for awards years that are closed. Appeals may be submitted when:
(1) Procedural error beyond the control of the program participant results in ineligibility;(2) The program participant alleges other violations of this regulation or controlling statute.(b) Appeals must be submitted in writing and sent to: CALIFORNIA MILITARY DEPARTMENT
ATTN: CMD GI BILL COORDINATOR
10601 BEAR HOLLOW DRIVE
RANCHO CORDOVA, CA 95670
(c) All appeals must be received by the CMD GI Bill Coordinator within 90 calendar days of: (1) Notification of CMD GI Bill Award denial;(2) Learning of procedural error. Appeals submitted for failing to meet program guidelines will not be accepted.
Cal. Code Regs. Tit. 5, § 30738
1. New section, including redesignation and amendment of former subsection 30736(f) as subsection 30738(a), filed 5-14-2013; operative 7-1-2013 (Register 2013, No. 20).
2. Amendment of section and NOTE filed 9-21-2021; operative 1-1-2022 (Register 2021, No. 39). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Section 69999.22, Education Code. Reference: Sections 69999.16 and 69999.18, Education Code.
1. New section, including redesignation and amendment of former subsection 30736(f) as subsection 30738(a), filed 5-14-2013; operative 7-1-2013 (Register 2013, No. 20).
2. Amendment of section and Note filed 9-21-2021; operative 1-1-2022 (Register 2021, No. 39). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.