Section 31007 - The Appeals Process(a) In the event that a pupil wishes to appeal an adverse decision regarding the determination of his or her eligibility to claim an award, but excluding the scoring of exams, or if a controversy arises out of the administration of an award recipient's account, that pupil or award recipient may discuss the matter informally with the Scholarshare Investment Board staff or designee. If the dispute is not resolved, that pupil or award recipient may appeal the adverse decision. Such an appeal shall be in writing, be mailed to the Scholarshare Investment Board, and shall include a signed and dated letter explaining the dispute and appropriate documentation to support the pupil's position. The Scholarshare Investment Board will mail a written decision including the reason for the decision within thirty (30) days unless SIB notifies the pupil or award recipient of a different timeline.(b) In the event a pupil or award recipient is not satisfied with the resulting decision, he or she may request that the dispute be reviewed by the Executive Director of the Scholarshare Investment Board. Such a request shall be in writing and shall be received by the Executive Director within thirty (30) days of receipt of the adverse decision. The Executive Director shall mail a written decision, and the reasons therefor, to the award recipient within thirty (30) days of the request for the review or such period as may be mutually acceptable.(c) In the event that an award recipient wishes to appeal a final determination by the Executive Director, the award recipient may request that the Scholarshare Investment Board review the decision of the Executive Director at a regularly scheduled meeting. Such a request shall be in writing and shall be received by the Scholarshare Investment Board within thirty (30) days of receipt of the adverse decision and at least thirty (30) days in advance of a scheduled meeting of the Scholarshare Investment Board. The pupil or award recipient shall provide supporting documentation that would justify a reconsideration of the Executive Director's decision. The Scholarshare Investment Board shall mail a written decision, and the reasons therefor, to the pupil or award recipient within ninety (90) days of the meeting.(d) The decision of the Scholarshare Investment Board is the final administrative decision.(e) For purposes of Section 31007, the terms pupil or award recipient shall include the pupil's or award recipient's parent or legal guardian, if applicable.Cal. Code Regs. Tit. 5, § 31007
1. New section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order, including amendment of section, transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
3. Amendment of subsections (a)-(c) filed 12-27-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code section 69999, a Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of HISTORY 3 (Register 2002, No. 21).
5. Certificate of Compliance as to 12-27-2001 order transmitted to OAL 12-18-2002 and filed 1-29-2003 (Register 2003, No. 5). Note: Authority cited: Sections 69981(d), 69996(d) and 69999, Education Code. Reference: Section 69996(d), Education Code; and Sections 529 and 117(b), Internal Revenue Code.
1. New section filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to Education Code section 69999 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-1-2000 order, including amendment of section, transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register 2001, No. 51).
3. Amendment of subsections (a)-(c) filed 12-27-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code section 69999, a Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2002, No. 21).
5. Certificate of Compliance as to 12-27-2001 order transmitted to OAL 12-18-2002 and filed 1-29-2003 (Register 2003, No. 5).