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§ 715. Appeals to the Board.

12 CA ADC § 715Barclays Official California Code of RegulationsEffective: July 1, 2023

Barclays California Code of Regulations
Title 12. Military and Veterans Affairs
Division 2. Department of Veterans Affairs
Chapter 6. California Veterans Board
Effective: July 1, 2023
12 CCR § 715
§ 715. Appeals to the Board.
a) Appeals.
(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.
b) Filing an Appeal.
(1) A veteran may file an appeal in writing to the Executive Officer of the California Veterans Board that shall include the following:
A. A copy of the decision letter from the division issuing the denial of the decision being appealed;
B. A clear and concise statement of what action, taken by CalVet, is being appealed;
C. The type of appeal requested;
D. A statement of the resolution requested by the appellant; and,
E. Any other relevant information the appellant believes will assist the Board in rendering a decision;
(2) An appeal must be filed no later than one year after the date of the decision by a division of CalVet, except any decision related to CalVet Homes Admission must be appealed by the Veteran within 90 days of receipt of denial of admission letter.
(3) The filing of a appeal shall not postpone or stay the decision being appealed.
(4) The veteran shall choose whether to have the appeal considered by a Review of the Record, or at an Informal Hearing or a Formal Hearing.
(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.
(B) An Informal Hearing shall consist of appearances by the veteran appellant, his or her attorney if any, and an attorney or representatives of CalVet, if CalVet so desires, and informal discussions or presentations without the observance of strict rules of evidence or procedure.
(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.
(7) Hearings not delegated pursuant to Military and Veterans Code section 86 will be conducted during a regular or special open meeting of the Board under the Bagley-Keene Open Meeting Act.
(8) After a decision is made on an appeal, the Board may assign the writing of the decision to the Executive Officer, a Board member, or to counsel, and a copy of the decision will be mailed to each party.
(9) All decisions shall be determined by a majority vote of at least a quorum of Board members.
(10) The Board's decision shall be final except for judicial review.
c) When an appeal which requests a Formal Hearing is received, the appeal shall be set for hearing as follows:
(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.
(2) Hearings conducted under the appeal procedure authorized by the Military and Veterans Code section 86 may be electronically recorded upon consent of all the parties.
(3) In decisions of a medical nature, the Board will consider and give appropriate weight to testimony of a Chief Medical Officer, or expert witness if present.
(4) The Board shall issue its decision no later than the second Board meeting following the initial hearing, or if the case is referred for additional evidence or information, within 90 days of the final hearing.

Credits

Note: Authority cited: Sections 78 and 700, Military and Veterans Code. Reference: Section 86, Military and Veterans Code.
History
1. New section filed 5-25-2023; operative 7-1-2023 (Register 2023, No. 21).
This database is current through 7/5/24 Register 2024, No. 27.
Cal. Admin. Code tit. 12, § 715, 12 CA ADC § 715
End of Document