1. (a) A claimant who disagrees with a decision rendered by Division staff may request review of the decision by the Fund Manager.

2. (b) A request for review by the Fund Manager must be accompanied by all material that the claimant wishes to be considered by the Fund Manager, and by the Division Chief and the Board in any subsequent review by the Division Chief or Board. The request for review must include the following information:

   1. (1) a statement describing how the claimant is damaged by the prior staff decision. This section shall be entitled “Claimant's Grievance”;
   2. (2) a description of the remedy or outcome desired. This section shall be entitled “Remedy Requested”;
   3. (3) an explanation why the claimant believes the staff decision is erroneous, inappropriate or improper. This section shall be entitled “Statement of Reasons”; and
   4. (4) a completed reimbursement request when the subject of the request is non-payment of a specific cost.
3. (c) The Fund Manager shall render a Fund Manager Decision within 30 days of receipt of the appeal. A Fund Manager Decision is final and conclusive unless the claimant files an appeal to the Division Chief that is received by the Division Chief within 60 days from the date of the Fund Manager Decision.
4. (d) The Fund Manager may at any time, on the Fund Manager's own motion, issue a Fund Manager Decision.

Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.54(a) and 25299.55, Health and Safety Code.

History

1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).

2. Editorial correction of printing errors in History 1. (Register 92, No. 43).

3. Amendment of section heading, section and Note filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).

4. Amendment of article 5 heading, renumbering of former section 2814 to new section 2814.1 and new section 2814 filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).