An appeal pursuant to Government Code § 11380 shall be in writing, entitled “Appeal of Business Reports and Forms Under Government Code section 11380”, and contain the following information, without which it will not be accepted for filing:
(a) The name, address, phone number of the Appellant and its authorized representative for the appeal proceeding.
(b) The name, address and phone number of the agency.
(c) Whether a hearing is requested or waived pursuant to Regulation 1108 and in which Office any requested hearing shall be held.
(d) A clear and concise statement of the grounds for the appeal, including, where applicable:
(1) The agency's action or inaction which is being appealed;
(2) That the appeal is filed within 30 days of the agency's action or from the 60th day following the filing of an unanswered challenge to the agency, pursuant to Government Code § 11380;
(3) The reason the agency's action is not correct; and
(4) The reason the form in question does not meet the criteria of Government Code § 14775.
(e) A verification that the facts are true to the best of the knowledge of the Appellant and a signature by the Appellant's representative.
(f) The Appellant shall attach to the appeal (FORM 11380-1) the filing fee, deposit, and a copy of the following documents:
(1) The report or form in question;
(2) The business' challenge under § 11380(a)(2);
(3) The agency's written justification, if any, under § 11380(a)(2);
(4) The agency's certification under § 14775(b); and
(5) A proof of service indicating that the agency head has been served with the appeal and supporting documentation.
Credits
Note: Authority cited: Section 11380(b), Government Code. Reference: Sections 11380 and 14775, Government Code.
1. New section filed 9-2-97; operative 10-2-97 (Register 97, No. 36).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 1, § 1104, 1 CA ADC § 1104
