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§ 54384. Appeal of the Regional Center's Decision.

17 CA ADC § 54384BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 2. Health and Welfare Agency - Department of Developmental Services Regulations
Chapter 3. Community Services
Subchapter 2. Vendorization
Article 5. Vendorization Appeal
17 CCR § 54384
§ 54384. Appeal of the Regional Center's Decision.
(a) The appellant may appeal the decision of the vendoring regional center's director to the Director of the Department within 15 days after receipt of the written decision. The appeal must be filed with the director of the vendoring regional center who shall forward the appeal to the Director of the Department in accordance with (c) below.
(b) The appeal shall be in writing and shall include the following:
(1) All information submitted to the vendoring regional center pursuant to section 54382 (a) of these regulations;
(2) A copy of the vendoring regional center's decision; and
(3) A statement of the issue(s), facts, documentation, and supporting authority identifying why the appellant believes the decision of the director of the vendoring regional center should be reversed by the Director.
(c) Within 15 days after receipt of the appeal, the director of the vendoring regional center or his or her designee shall ensure that the appeal includes all information required by (b) above, and forward the appeal to the Director. The vendoring regional center shall not forward an incomplete appeal or an appeal filed after the time specified unless the appellant establishes good cause pursuant to section 54388 of these regulations.
(d) Within 30 days after receipt of the appeal, the Director of the Department or the Director s designee shall review the appeal and determine whether additional information upon which to base a decision is needed from the appellant, or the vendoring regional center.
(1) If no additional information is needed, the Director of the Department or the Director's designee shall render a decision pursuant to (e) below.
(2) If additional information is required, the Director of the Department or the Director's designee shall request the information from the appellant or the regional center. The appellant or the regional center shall submit the information within 15 days after receipt of the request.
(A) If the appellant does not submit the information within that time, the appeal shall be deemed withdrawn and no further action taken unless the appellant establishes good cause pursuant to section 54388 of these regulations for the late submission. Good cause shall be determined by the Director of the Department or the Director's designee pursuant to section 54388 of these regulations.
1. If good cause for late submission is established, the Director of the Department or the Director's designee shall proceed with the appeal and render a decision pursuant to (e) below.
(B) If the information is submitted, but does not comply with the request, the appeal shall be deemed withdrawn and no further action will be taken.
(C) If the regional center does not submit the requested information, the Director of the Department or the Director's designee shall proceed with the appeal and render a decision pursuant to (e) below.
(e) The Director of the Department or the Director's designee shall render a decision within 60 days after receipt of all required and/or requested information. The decision shall:
(1) Identify the specific issues in dispute;
(2) Rule on each issue identified;
(3) State the facts supporting each ruling; and
(4) Identify the statutes and regulations upon which each ruling is based.
(f) A written copy of the decision shall be sent to the appellant, the vendoring regional center and all regional center(s) utilizing the service within 15 days after the decision is rendered.
(g) The decision of the Director is the final administrative decision.
Note: Authority cited: Sections 4405 and 4648 (a), Welfare and Institutions Code; and Section 11152, Government Code. Reference: Section 4648 (a), Welfare and Institutions Code; U.S. Constitution, Amendment XIV, Section 1 and California Constitution, Article I, Section 7.
HISTORY
1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
4. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).
This database is current through 6/17/22 Register 2022, No. 24
17 CCR § 54384, 17 CA ADC § 54384
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