California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 6 - Disaster Assistance Act › Article 1 - State Public Assistance Program › Section 2990 - Fair Hearing Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event of a dispute or grievance between the local
					 agency and the state concerning the application, the following administrative
					 procedures shall be followed by both parties, prior to either party seeking
					 judicial review:
(a) Level One:
The local agency shall first discuss the grievance with the
					 field representative assigned by the Cal OES Recovery Division. If the
					 grievance cannot be resolved at this stage, the local agency shall direct the
					 grievance, together with any information in writing, to the Deputy Director,
					 Cal OES Recovery Division or his/her designee, within sixty (60) working days
					 of receipt of notification of the issue to be grieved, unless this deadline is
					 extended by Cal OES. The grievance must state the issues in the dispute, the
					 legal authority, or other basis for the local agency's position, and the remedy
					 sought. The Deputy Director, Cal OES Recovery Division or his/her designee,
					 shall make a determination on the grievance within sixty (60) working days
					 after receipt of the written communication from the local agency. The Deputy
					 Director, Cal OES Recovery Division or his/her designee, shall respond in
					 writing to the local agency indicating the decision reached and the reasons
					 therefor. Should the local agency disagree with this decision, the local agency
					 may appeal to the second level.
(b) Level Two:
The local agency shall prepare a letter indicating why the
					 Deputy Director of Cal OES Recovery Division's or his/her designee's decision
					 is unacceptable, attaching to it the local agency's original statement of the
					 dispute with supporting documents, together with a copy of the Deputy Director
					 of Cal OES Recovery Division's or his/her designee's response. This letter
					 shall be sent to the Director of Cal OES within sixty (60) working days from
					 receipt of the Deputy Director of Cal OES Recovery Division's or his/her
					 designee's decision, unless this deadline is extended. Based upon a request
					 from the local agency, the Director of Cal OES may meet with the local agency
					 representatives to review the grievance and the issues raised. The Director of
					 Cal OES shall issue a written decision to the local agency within sixty (60)
					 working days of receipt of the local agency's letter. This written decision
					 shall be deemed a final judgment for purposes of this Fair Hearing
					 Process.
1. New
					 section filed 10-19-90 as an emergency; operative 10-29-90. Submitted to OAL
					 for printing only pursuant to Government Code section
					 8682.9
					 (Register 91, No. 2). A Certificate of Compliance must be submitted to OAL by
					 2-26-91 or emergency language will be repealed by operation of law on the
					 following day.
2. New section refiled 3-7-91 as an emergency;
					 operative 3-7-91. Submitted to OAL for printing only pursuant to Government
					 Code section
					 8682.9
					 (Register 91, No. 16). A Certificate of Compliance must be submitted to OAL by
					 7-5-91 or emergency language will be repealed by operation of law on the
					 following day.
3. Editorial correction of HISTORY 1. (Register 91,
					 No. 16).
4. Readoption of emergency filed 3-7-91; operative 3-7-91.
					 Readoption filed 7-2-91, pursuant to Government Code section
					 8682.9;
					 operative 7-2-91 (Register 91, No. 40).
5. New section refiled
					 10-30-91 as an emergency; operative 10-30-91 (Register 92, No. 6). A
					 Certificate of Compliance must be transmitted to OAL 2-27-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Amendment filed 8-30-2001 as an emergency; operative
					 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be
					 transmitted to OAL by 12-28-2001 or emergency language will be repealed by
					 operation of law on the following day.
7. Certificate of Compliance
					 as to 8-30-2001 order transmitted to OAL 12-26-2001 and filed 2-8-2002
					 (Register 2002, No. 6).
8. Change without regulatory effect amending
					 section filed 12-19-2002 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2002, No. 51).
9. Change without regulatory
					 effect amending section and NOTE filed 5-12-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 20).
10. Change without regulatory
					 effect amending section filed 5-5-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 19).
Note: Authority cited: Sections
						8585 and
						8682.9,
						Government Code. Reference: Section
						8585 and the Natural Disaster
						Assistance Act, Chapter 7.5, Division 1, Title 2 (Section
						8680 et seq.), Government
						Code.