1. (a) After an application or supplemental claim is verified, Board staff shall recommend the application or supplemental claim be allowed or denied in whole or in part.

2. (b) An applicant has the right to appeal any of the following actions:

   1. (1) A staff recommendation that the Board deny an application because there is not good cause for the late filing of an application;
   2. (2) A staff recommendation that the Board deny, in whole or in part, an application or supplemental claim; and
   3. (3) A staff assessment that a recipient of any overpayment should reimburse the Board.
3. (c) An applicant does not have a right to appeal where benefits are approved and the applicant's sole objection is to the rates and limitations set by the Board.

4. (d) When the applicant has the right to appeal a staff recommendation or assessment, the Board staff shall provide notice of the recommendation or assessment to the applicant, the applicant's representative, or a recipient of an overpayment.

   1. (1) Notice of the recommendation or assessment and the applicant's right to appeal shall be sent to the applicant or the applicant's representative using the last address provided by the applicant.
   2. (2) To appeal the recommendation or assessment, the applicant or their representative must submit the appeal to the Board in writing within 45 calendar days of the date on the notice.
5. (e) If a party fails to appeal, the staff recommendation or assessment will become a final decision.

Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code. Reference: Sections 13957.2(a), 13959, 13965 and 13973, Government Code.

History

1. New subarticle 2 (sections 647.20-647.25) and section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.

2. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).

3. Change without regulatory effect amending subsections (a)(1) and (a)(3) and amending Note filed 11-3-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

4. Amendment of section and Note filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32).

5. Amendment of section heading and repealer and new section filed 1-13-2026; operative 4-1-2026 (Register 2026, No. 3).