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California Code of Regulations
Title 17, Division 2
Chapter 3 - Community Services
SubChapter 4 - Residential Services and Quality Assurance Regulations
Article 11 - Facility Appeals Process
§56062. Contents of Appeal and Hearing.
§56062. Contents of Appeal and Hearing.
(a) The administrator's written appeal request shall be submitted to the regional center director within 30 days after the receipt of written notification from the regional center of the action specified in Section 56061 and shall:
(1) Indicate the name and address of the facility;
(2) Identify the specific action being appealed;
(3) Describe the potential adverse impact on the facility;
(4) Describe the specific basis of the appeal;
(5) Include information necessary to substantiate the legal and factual basis of the appeal;
(6) Be signed by the administrator; and
(7) Be deemed filed on the date submitted to the regional center.
(b) Within 15 days of receipt of the appeal, the regional center director shall review the appeal to determine whether it includes the information required by subsection (a) above.
(1) If all the required information has not been included and/or additional information is needed, the regional center director shall request, in writing, the additional information from the appellant.
The request shall be made no later than 20 days from receipt of the appeal.
(A) The appellant shall submit the required information no later than 15 days from the receipt of the request in subsection (b)(1) above.
(B) If the information requested is not submitted within the time specified, the appeal shall be deemed withdrawn and no further action will be taken unless the appellant establishes good cause for the late submission. Good cause shall be determined by the regional center director in accordance with Section 56067 .
(2) If all the required information has been received, notice of a hearing date shall be sent to the administrator by certified mail, return receipt requested, within 15 days of receipt of the information, specifying the date, time, and place of the hearing and the matter(s) to be heard.
(A) The hearing date shall be set no later than 25 days from receipt of all required information.
(B) All parties to the appeal must agree to any extension of the hearing date.
(c) The appeal process does not preclude the administrator from terminating the proceeding at any time prior to the hearing date if the matter is settled.
(d) With regard to the hearing, the administrator shall have the right to:
(1) Examine, prior to the hearing, all documents on file pertaining to the subject of the appeal, which are not confidential or otherwise not discoverable under existing statutes and regulations;
(2) Be represented by counsel;
(3) Attend the hearing and present written and/or oral evidence;
(4) Cross-examine witnesses; and
(5) Access documents at the hearing not previously accessed under subsection (1) above.
Authority cited: Sections 4405, 4681.1, 4748 and 4791(i), Welfare and Institutions Code; Chapter 722, Statutes of 1992, Section 147. Reference: Sections 4648, 4648.1, 4648.2, 4681.1, 4748 and 4791, Welfare and Institutions Code.
1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. Repealer of subsection (e) filed 8-4-92; operative 8-4-92 (Register 92, No. 32).
3. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.
4. Editorial correction of History 3 (Register 94, No. 47).
5. Editorial correction of subsections (a) and (b)(1)(A) and (B) (Register 95, No. 18).