(a) The appeal filed pursuant to Section 58560 shall be in writing and shall include the following:
(1) The vendor's:
(A) Name, business address, and telephone number; and
(B) Vendor identification number, service code and subcode.
(2) Identification of the denial 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 contracting regional center.
(c) Within 15 days after receipt of the appeal, the Deputy Director shall review the appeal to determine if all required documentation has been submitted and that the appeal complies with Sections 58560 and 58561.
(1) If all required documentation has been submitted, the Deputy Director shall render a decision pursuant to subsection (d) below;
(2) If all the required documentation has not been submitted and/or additional documentation is needed, the Deputy Director shall request the additional information in writing from the vendor within 15 days after receipt of the appeal. The vendor shall submit the additional information within 15 days after receipt of the Deputy Director's request.
(A) If the vendor fails to submit the additional information within the time specified, the appeal shall be deemed withdrawn and no further action shall be taken unless the vendor establishes good cause for late submission pursuant to Section 58564 of this article. Good cause shall be determined by the Deputy Director, in accordance with Section 58564. If good cause for late submission is established and the additional information is submitted as requested by the Deputy Director, the appeal process shall resume and the Deputy Director shall render a decision pursuant to subsection (d) below;
(B) If the additional information submitted by the vendor does not comply with the request the appeal shall be deemed withdrawn and no further action shall be taken.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 name and address of the vendor(s);
(2) Identify the specific issue(s) in dispute;
(3) Rule on each issue identified;
(4) State the facts supporting each ruling; and
(5) Identify the statutes and regulations upon which each ruling is based, if applicable.
(e) A written copy of the decision shall be mailed to the vendor and the contracting regional center within 15 days after the decision is rendered.
(f) I the vendor does not appeal the decision to the Director, pursuant to Section 58562, it shall be deemed final.
Credits
Note: Authority cited: Sections 4405, 4631 and 4690.1, Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4631 and 4690.1, Welfare and Institutions Code.
History
1. New section filed 9-26-91; operative 9-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 10).
This database is current through 5/10/24 Register 2024, No. 19.
