Section 30894 - Honorable Discharge Appeals(a) Following the denial of an honorable discharge, an applicant may submit a written appeal to the Executive Officer, based upon any of the following: (1) The decision of the Board was based on a mistake of law;(2) The decision of the Board was based on a mistake of fact;(3) The Board failed to provide an impartial hearing officer; or(4) The decision of the Board was contrary to any of the provisions contained in Division 4.5 of Title 15, California Code of Regulations, and the outcome of the hearing would have been substantially different had the provisions been followed.(b) Appeals must be submitted no more than 30 calendar days from the date of the written decision in which honorable discharge was denied.(c) There shall be only one level of appeal.(d) No appeal shall be denied because of technical defects.(e) Denial of an appeal does not preclude an applicant from resubmitting a petition as provided in section 4996.5.Cal. Code Regs. Tit. 9, § 30894
1. Change without regulatory effect renumbering former title 15, section 4997 to new title 9, section 30897 filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).
2. Repealer and new section filed 5-20-2021; operative 7-1-2021 (Register 2021, No. 21). Note: Authority cited: Sections 1712 and 1722, Welfare and Institutions Code. Reference: Sections 1719 and 1723, Welfare and Institutions Code.
1. Change without regulatory effect renumbering former title 15, section 4996 to new title 9, section 30894 filed 3-2-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 10).
2. Repealer and new section filed 5-20-2021; operative 7/1/2021 (Register 2021, No. 21).