1. (a) The appeal filed pursuant to Section 56096(c) shall be in writing and shall include, but not be limited to, the following:

   1. (1) The appellant's:

      1. (A) Name, business address, and telephone number; and
      2. (B) Vendor identification number, service code and subcode, if applicable.
   2. (2) Identification of the action being appealed;
   3. (3) The specific basis for the appeal; and
   4. (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.

2. (b) Within 15 days after receipt of the appeal, the Director shall review the appeal to determine whether the appeal contains the information required by subsection (a)(1) through (4).

   1. (1) If all the required information has been submitted, the Director shall render a decision pursuant to subsection (c).
   2. (2) If all the required information has not been submitted and/or additional information is needed, the Director shall request the information in writing from the appellant.

   3. (3) The appellant shall submit the required or additional information to the Director within 15 days after receipt of the request.

      1. (A) If the information is not submitted within the time specified in subsection (b)(3), the appeal shall be deemed to be withdrawn and no further action will be taken unless the appellant establishes good cause pursuant to Section 56098.

         1. 1. If good cause for late submission is established, the Director shall proceed with the appeal and render a decision pursuant to subsection (c).
      2. (B) If the information is submitted but does not comply with the request, the appeal shall be deemed withdrawn and no further action will be taken.

3. (c) The Director shall render a decision on the appeal within 60 days after receipt of all required and/or requested information. The decision shall include, but not be limited to:

   1. (1) Date of the decision;
   2. (2) Identify the specific issue(s) in dispute;
   3. (3) Rule on each issue identified;
   4. (4) State the facts supporting each ruling; and
   5. (5) Specify the statutes and/or regulations upon which each ruling is based.
4. (d) A written copy of the decision shall be mailed to the appellant within 15 days after the decision is rendered.

Note: Authority cited: Section 4689.1, Welfare and Institutions Code; Chapter 1095, Statutes of 1994, Section 14. Reference: Section 4689.1, Welfare and Institutions Code.

History

1. New section filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-24-95 order, including amendment of subsections (a) and (c), transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8).