California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 4 - Office of the State Treasurer › Subchapter 4 - Target Business Enterprise Participation Goals for Professional Bond Services › Article 2 - Certification › Section 1899.515 - Appeal of Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All determinations of noneligibility for
					 certification of TBE status made by the Treasurer shall become final unless the
					 determination is appealed in a timely manner. Any business enterprise which
					 believes that the determination has resulted in its being wrongly denied
					 certification as a TBE by the Treasurer may file an appeal in writing, signed
					 and dated, with the Treasurer. The appeal must be filed no later than 20 days
					 after the date of notice of decertification or denial of certification. The
					 Treasurer may, upon written request which specifies the reasons for such
					 request, extend the time for filing or waive the time limit in the interest of
					 justice, specifying in writing the reasons for doing so.
(b) Following receipt of an appeal, where the
					 appeal is based upon denial of an application for certification the Treasurer
					 shall determine whether the appeal is to be resolved by the submittal of
					 written documents or by public hearing, or both. When the appeal is based upon
					 the revocation of a currently valid certification, the appeal shall be resolved
					 by public hearing. In the event a public hearing is to be held, the Treasurer
					 shall set a date, time and place for the hearing and shall notify the applicant
					 not less than 20 days in advance of the hearing. The Treasurer may, on the
					 request of the applicant with a showing of good cause or on the Treasurer's own
					 motion, giving advance notice to the applicant, change the date of, postpone or
					 continue the hearing. If the appeal is to be determined through the submittal
					 of written documents, notice shall be sent to the applicant and the applicant
					 may submit written materials in support of its position in accordance with the
					 deadline established by the hearing officer. The determination that the appeal
					 shall be resolved through the submittal of written documents shall be based on
					 the hearing officer's finding that oral or additional testimony would be
					 unnecessary for a full understanding of the issues.
(c) Any written submission to the Treasurer
					 in connection with an appeal under this section shall, at a minimum, include an
					 original and two copies.
(d) At any
					 time the Treasurer finds that an appeal is clearly insufficient on its face,
					 entirely without merit, or outside of the jurisdiction of the Treasurer, the
					 Treasurer may summarily dismiss the appeal without hearing.
(e) Recertification. A person or firm whose
					 application for certification is denied, and any person or firm which is
					 decertified by formal determination of the Treasurer may re-apply for
					 certification (or re- certification). Applications for re-certification must
					 include a written description of the material changes instituted by the
					 applicant warranting reconsideration by the Treasurer.
1. New
						section filed 4-10-89 as an emergency; operative 4-10-89 (Register 89, No. 15).
						A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 8-8-89.
2. Certificate of
						Compliance transmitted to OAL 8-8-89 and filed 9-7-89 (Register 89, No.
						40).
3. Amendment filed 6-19-91; operative 6-19-91 (Register 91, No.
						42).
Note: Authority cited: Section
						  16853,
						  Government Code; Section
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  16850-
						  16853,
						  Government Code; Sections
						  999-
						  999.5,
						  Military and Veterans Code.