1. (a) Any applicant shall be entitled to appeal the grant selection activities or other activities of the DLB for the region it serves and to which it applied, by submitting a written petition for a hearing to the DLB within seven days following the date the DLB makes the final rating and ranking of eligible applications available to the public.

   1. (1) The written petition shall:

      1. (A) Provide the name, address and telephone number of the petitioner;
      2. (B) Clearly describe each activity disputed;
      3. (C) Clearly explain why the activity is disputed; and
      4. (D) State the remedy the petitioner is seeking.
   2. (2) Upon receipt of the complete petition, the DLB shall set a time and place for a hearing and shall provide the petitioner with written notice of the scheduled hearing. The hearing shall be scheduled for a date no more than fifteen days following the date of the petition.
   3. (3) The hearing shall provide the petitioner with the opportunity to be heard and to show cause why the DLB's grant selection or other activity is disputed and why the remedy sought is appropriate.
   4. (4) Within seven days following the hearing, the DLB shall provide the petitioner with a written determination of the appeal.

2. (b) A petitioner who has received a negative determination from a DLB shall be entitled to appeal to the Department for a review of the determination if the appeal is regarding the DLB's failure to follow the procedures established in the LESS or for violating the program regulations or statute. The petitioner's written petition must be received for review by the Department, within ten days after the petitioner's receipt of the DLB's determination of its appeal, or upon failure of the DLB to follow the appeal procedures contained in the LESS.

   1. (1) The written petition shall:

      1. (A) Include the information listed in subsection (a)(1);
      2. (B) Clearly explain why the activity continues to be disputed; and
      3. (C) Include copies of the original petition to the DLB, the determination issued by the DLB, and all documentation the petitioner possesses that is relevant to the appeal.

   2. (2) Upon receipt of the petition, the Department shall determine whether the petition challenges the judgment or the procedures of the DLB.

      1. (A) If the Department determines that the petition challenges the judgment of the DLB, or challenges the procedures established in the approved LESS approved by the Department, the Department shall deny the petition.
      2. (B) If the Department determines that the challenge in the petition is that the procedures used by the DLB were not established in the LESS approved by the Department, the Department shall review the records and the petition and shall issue a written determination within 21 days of the receipt of the appeal petition.
      3. (C) If the Department determines that the procedures established in the LESS approved by the Department were not followed, the Department shall issue a written determination to that effect and shall initiate corrective action.
   3. (3) Corrective action shall include, as appropriate, imposing restrictions on the activities of the DLB or requiring the DLB to repeat the grant selection process and/or revoking the designation of the local board.

3. (c) Any applicant from a region without a DLB shall be entitled to appeal the grant selection activities of the Department by submitting a written petition to the Department. The petition must be received within ten days following the date the Department makes the final rating and ranking of eligible applications available to the public.

   1. (1) The written petition shall include the information listed in subsection (a)(1),
   2. (2) Within 21 days of receipt of the petition, the Department shall respond in writing to the petition and make a determination based on the information available.
   3. (3) Each determination shall clearly state the findings upon which the Department's determination is based, and identify any corrective action to be taken.

Note: Authority cited: Sections 50402, 50801.5 and 50806.5, Health and Safety Code. Reference: Sections 50801.5, 50802.5 and 50803.5, Health and Safety Code.

History

1. Repealer and new section filed 3-18-94 as an emergency; operative 3-18-94 (Register 94, No. 11). A Certificate of Compliance must be transmitted to OAL 7-18-94 or emergency language will be repealed by operation of law on the following day.

2. Repealer and new section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-7-94 or emergency language will be repealed by operation of law on the following day.

3. Repealer and new section refiled 10-31-94 as an emergency; operative 10-31-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-95 or emergency language will be repealed by operation of law on the following day.

4. Repealer and new section refiled 2-15-95 as an emergency; operative 2-15-95 (Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-95 or emergency language will be repealed by operation of law on the following day.

5. Repealer and new section refiled 6-15-95 as an emergency; operative 6-15-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-95 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 6-15-95 order including amendment of section heading and section transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95, No. 28).