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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
§56064. Appeal of the Regional Center's Decision.
§56064. Appeal of the Regional Center's Decision.
 
(a) The administrator, if dissatisfied with the decision rendered by the regional center director, may appeal the decision to the Director. The written appeal to the Director shall:
(1) Be submitted within 15 days from receipt of the written decision in Section 56063 (a)(2); and
(2) Be in writing and include the following information:
(A) A copy of the regional center director's written decision;
(B) A copy of all information submitted to the regional center pursuant to Section 56062 (a)(1)-(7) and (b)(2); and
(C) A statement of the issue(s), facts and any supporting statute(s) and regulation(s) identifying why the appellant believes the decision of the regional center director should be reversed by the Director.
(b) Within five days of receipt of the appeal, the Director shall request, in writing, from the regional center a copy of the appeal file.
(c) The regional center director shall submit a copy of the complete appeal file to the Director no later than 15 days from the submission of the request for the copy of the appeal file.
(d) Within 30 days of submission of the record forwarded pursuant to subsection (c) above, the Director shall review the record to determine if additional information on which to base a decision is needed from the appellant or the regional center.
(1) If no additional information is needed, the Director shall render a decision pursuant to Section 56065 (a).
(2) If additional information is required, the Director shall request in writing, within 35 days of submission of the record pursuant to subsection (c) above, the material from the appellant and/or the regional center.
(3) The appellant and/or the regional center shall submit the additional information to the Director no later than 15 days from the submission of the request in subsection (2) above.
(A) If the appellant does not submit the information requested within the time specified, the appeal shall be deemed withdrawn and no further action taken unless the appellant establishes good cause for late submission pursuant to Section 56067 . Good cause shall be determined by the Director.
(B) If the regional center does not submit the requested information within the time specified, the Director shall proceed with the appeal and render a decision based upon the available record pursuant to Section 56065 (a).
Note
Authority cited: Sections 4681.1, 4748 and 4791(i), Welfare and Institutions Code; Chapter 722, Statutes of 1992, Section 147. Reference: Sections 4648, 4648.1, 4745, 4748 and 4791, Welfare and Institutions Code.
History
1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. 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.
3. Editorial correction of History 2 (Register 94, No. 47).
4. Editorial correction capitalizing “S” of “Section” throughout  (Register 95, No. 18).
5. Change without regulatory effect amending Note filed 12-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 49).