California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 2 - Administrative Review › Section 50730 - Request for Administrative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An individual, entity, or organization
					 which disagrees with any portion or aspect of an audit report issued by the
					 Department or regional center may request an administrative review. The
					 appellant's written request shall be submitted to the Department within 30 days
					 after the receipt of the audit report. The request may be amended at any time
					 during the 30-day period.
(b) If
					 the appellant does not submit the written request within the 30-day period, the
					 appeals review officer shall deny such request, and all audit exceptions or
					 findings in the report shall be deemed final unless the appellant establishes
					 good cause for late filing.
(c) The
					 request shall be known as a "Statement of Disputed Issues." It shall be in
					 writing, signed by the appellant or his/her authorized agent, and shall state
					 the address of the appellant and of the agent, if any agent has been
					 designated. An appellant shall specify the name and address of the individual
					 authorized on behalf of the appellant to receive any and all documents,
					 including the final decision of the Director, relating to proceedings conducted
					 pursuant to this subchapter. The Statement of Disputed Issues need not be
					 formal, but it shall be both complete and specific as to each audit exception
					 or finding being protested. In addition, it shall set forth all of the
					 appellant's contentions as to those exceptions or findings, and the estimated
					 dollar amount of each exception or finding being appealed.
(d) If the appeals review officer determines
					 that a Statement of Disputed Issues fails to state the grounds upon which
					 objections to the audit report are based, with sufficient completeness and
					 specificity for full resolution of the issues presented, he/she shall notify
					 the appellant, in writing, that it does not comply with the requirements of
					 this subchapter.
(e) The appellant
					 has 15 days after the date of mailing of such notice within which to file an
					 amended Statement of Disputed Issues. If the appellant does not amend his/her
					 appeal to correct the stated deficiencies within the time permitted, all audit
					 exceptions or findings affected shall be dismissed from the appeal, unless good
					 cause is shown for the noncompliance.
(f) The appellant shall attach to the
					 Statement of Disputed Issues all documents which he/she intends to introduce
					 into evidence in support of stated contentions. An appellant that is unable to
					 locate, prepare, or compile such documents within the appeal period specified
					 in Subsection (a) above, shall include a statement to this effect in the
					 Statement of Disputed Issues. The appellant shall have an additional 30 days
					 after the expiration of the initial 30-day period in which to submit the
					 documents. Documents that are not submitted within this period shall not be
					 accepted into evidence at any stage of the appeal process unless good cause is
					 shown for the failure to present the documents within the prescribed
					 period.
1.
						Renumbering and amendment of former Section
						50630 to Section
						50730 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Sections
						  11152,
						  Government Code; and Sections
						  4648.2,
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4629,
						  4631,
						  4635,
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code; and Sections
						  11180,
						  11181, and
						  11182,
						  Government Code.