§ 715. Appeals to the Board.
12 CA ADC § 715Barclays Official California Code of RegulationsEffective: July 1, 2023
Effective: July 1, 2023
12 CCR § 715
§ 715. Appeals to the Board.
(1) Any Veteran may appeal a decision by any division within the California Department of Veterans Affairs (CalVet). The California Veterans Board (Board) must accept any Veteran's appeal related to the denial of a statutory benefit provided by CalVet and may, at their discretion, accept appeals in any other matter brought to the Board by an impacted Veteran. In determining whether to accept or deny any permissive appeals (i.e., appeals not directly related to statutory benefits), the board will weigh the proposed impact on the CalVet's operations, compliance with state and federal regulations, and the impact of the rights of the veteran affected.
(A) A Review of the Record is conducted without an appearance by the veteran appellant or division issuing the denial and shall consist of a review of the appeal and all supporting documents filed by the veteran appellant and a review of the division's response and any files and records on the matter.
(C) A Formal Hearing shall be recorded electronically, with testimony taken under oath or affirmation, and the burden of going forward shall be on the veteran appellant. The appellant and CalVet shall have the right to make opening and closing statements, call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, and rebut adverse evidence. The rules of evidence and procedure for conducting administrative hearings in the State of California shall be followed.
(5) The Executive Officer must give written notice of the time and place of such review or hearing to the veteran appellant, his or her attorney if any, and to CalVet. Subject to state government budgetary constraints and travel restrictions, the Board shall make all reasonable efforts to schedule such review or hearing and to render its decision thereon within the times and at the places prescribed by Military and Veterans Code section 86.
(6) Where the holding of a hearing is delegated pursuant to Military and Veterans Code section 86, the hearing officer shall give notice of the time and place of the hearing to the parties, shall conduct the hearing, and shall prepare a Proposed Decision, setting forth findings of fact, conclusions of law, and reasons, for submittal to the parties and the Board. The Board will place the Proposed Decision on the agenda for its next regular meeting after submittal, and may adopt, modify, or reject the Proposed Decision.
(1) The hearing shall be held in the CalVet office nearest to the appellant's home unless the appellant requests otherwise. The Executive Officer shall give written notice of the time and place of the hearing to the parties effected, following consultation with the Board, veteran appellant, and Legal Counsel assigned on behalf of CalVet.
Note: Authority cited: Sections 78 and 700, Military and Veterans Code. Reference: Section 86, Military and Veterans Code.
1. New section filed 5-25-2023; operative 7-1-2023 (Register 2023, No. 21).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 12, § 715, 12 CA ADC § 715
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