California Code of Regulations › Title 5 - Education › Division 4.5 - Scholarshare Investment Board › Chapter 2 - Governor's Scholarship Programs › Section 31007 - The Appeals Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				the event that a pupil wishes to appeal an adverse decision regarding the
				determination of his or her eligibility to claim an award, but excluding the scoring
				of exams, or if a controversy arises out of the administration of an award
				recipient's account, that pupil or award recipient may discuss the matter informally
				with the Scholarshare Investment Board staff or designee. If the dispute is not
				resolved, that pupil or award recipient may appeal the adverse decision. Such an
				appeal shall be in writing, be mailed to the Scholarshare Investment Board, and
				shall include a signed and dated letter explaining the dispute and appropriate
				documentation to support the pupil's position. The Scholarshare Investment Board
				will mail a written decision including the reason for the decision within thirty
				(30) days unless SIB notifies the pupil or award recipient of a different
				timeline.
(b) In the event a pupil or
				award recipient is not satisfied with the resulting decision, he or she may request
				that the dispute be reviewed by the Executive Director of the Scholarshare
				Investment Board. Such a request shall be in writing and shall be received by the
				Executive Director within thirty (30) days of receipt of the adverse decision. The
				Executive Director shall mail a written decision, and the reasons therefor, to the
				award recipient within thirty (30) days of the request for the review or such period
				as may be mutually acceptable.
(c) In
				the event that an award recipient wishes to appeal a final determination by the
				Executive Director, the award recipient may request that the Scholarshare Investment
				Board review the decision of the Executive Director at a regularly scheduled
				meeting. Such a request shall be in writing and shall be received by the
				Scholarshare Investment Board within thirty (30) days of receipt of the adverse
				decision and at least thirty (30) days in advance of a scheduled meeting of the
				Scholarshare Investment Board. The pupil or award recipient shall provide supporting
				documentation that would justify a reconsideration of the Executive Director's
				decision. The Scholarshare Investment Board shall mail a written decision, and the
				reasons therefor, to the pupil or award recipient within ninety (90) days of the
				meeting.
(d) The decision of the
				Scholarshare Investment Board is the final administrative decision.
(e) For purposes of Section
				31007, the terms pupil or award
				recipient shall include the pupil's or award recipient's parent or legal guardian,
				if applicable.
1. New section
				  filed 12-1-2000 as an emergency; operative 12-1-2000 (Register 2000, No. 48). A
				  Certificate of Compliance must be transmitted to OAL by 11-30-2001 pursuant to
				  Education Code section
				  69999 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 12-1-2000 order, including
				  amendment of section, transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register
				  2001, No. 51).
3. Amendment of subsections (a)-(c) filed 12-27-2001 as an
				  emergency; operative 1-1-2002 (Register 2001, No. 52). Pursuant to Education Code
				  section
				  69999, a
				  Certificate of Compliance must be transmitted to OAL by 1-1-2003 or emergency
				  language will be repealed by operation of law on the following day.
4.
				  Editorial correction of HISTORY 3 (Register 2002, No. 21).
5. Certificate
				  of Compliance as to 12-27-2001 order transmitted to OAL 12-18-2002 and filed
				  1-29-2003 (Register 2003, No. 5).
Note: Authority cited: Sections
					 69981(d),
					 69996(d)
					 and
					 69999, Education
					 Code. Reference: Section
					 69996(d),
					 Education Code; and Sections
					 529 and
					 117(b), Internal
					 Revenue Code.