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§ 57941. Contents of Appeal and Decision.

17 CA ADC § 57941BARCLAYS 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 12. Rate Adjustments, Audit Adjustments and Rate Appeals for Community-Based Day Programs
Article 4. Rate Appeals
17 CCR § 57941
§ 57941. Contents of Appeal and Decision.
(a) The appeal filed pursuant to section 57940 shall be in writing and shall include the following:
(1) Vendor program information specified in section 57433(a)(1) through (4);
(2) Identification of the rate error or effective date being appealed;
(3) The specific basis of the appeal; and
(4) All supporting documentation and any other information necessary to substantiate and/or justify the appeal including the specific regulation used as the basis for the appeal.
(b) At the time the vendor files the appeal with the Deputy Director, a copy shall be mailed to the vendoring regional center, and utilizing regional center(s), if any.
(c) Within 15 days after receipt of the appeal, the Deputy Director shall review the appeal to determine whether it complies with sections 57940 and 57941(a).
(1) If all required information has been submitted, the Deputy Director shall render a decision pursuant to (d);
(2) If all required information has not been submitted and/or additional information is needed, the Deputy Director shall request the additional information, in writing, from the appellant within 15 days after receipt of the appeal. The appellant shall submit the additional information within 15 days after receipt of the request.
(A) If the information is not submitted within the time specified, the appeal shall be deemed withdrawn and no further action shall be taken unless the appellant establishes good cause pursuant to section 57946, for the late submission. Good cause shall be determined by the Deputy Director, in accordance with section 57946. If good cause for late submission is established and the information is submitted, the Deputy Director shall proceed with the appeal and render a decision pursuant to (d);
(B) If the information is submitted but does not comply with the request, the appeal shall be deemed withdrawn and no further action shall be taken.
(d) The Deputy Director shall render a decision on the appeal within 60 days after receipt of all required and/or requested information. The decision shall:
(1) Identify the specific issue(s) 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.
(e) A written copy of the decision shall be mailed to the appellant, the vendoring regional center, and utilizing regional center(s), if any, within 15 days after the decision is rendered.
(f) If the appellant does not appeal the decision to the Director, pursuant to section 57942, it shall be deemed final.
Note: Authority cited: Section 4691, Welfare and Institutions Code. Reference: Section 4691, Welfare and Institutions Code.
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).
This database is current through 6/17/22 Register 2022, No. 24
17 CCR § 57941, 17 CA ADC § 57941
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