§ 455. Administrative Appeal Procedure.

(a) An appeal procedure is available for counties which disagree with the audit findings pursuant to Sections 453(a) and 454(c) and/or disagree with being omitted from the annual allocation process pursuant to Section 452(b).

(1) A written appeal shall be filed with the Secretary of the Department within 30 days from either the date of the audit findings report signed by the county's representative or the date of the mailing of the notification of omission from the annual allocation. The written appeal shall include the following:

(A) The name, address, telephone number, signature, and date of signing of the chairman of the County Board of Supervisors, or other county official authorized by the Board to act on their behalf.

(B) Full explanation of the reason for the appeal and complete supporting documentation relevant to the resolution of the appeal.

(2) The appeal shall be submitted via certified mail to:

The Secretary

California Department of Veterans Affairs

P.O. Box 942895

Sacramento, CA 94295-0001

(3) The Secretary may delegate the authority to the Undersecretary or Chief Attorney, and the appeal may be reviewed with or without a hearing. Except for judicial review, the Department's decision is final.

(4) Within 30 days of the receipt of the appeal from the county, the Department shall issue a final decision letter via certified mail stating the reasons for the Department's decision.

HISTORY

1. New section filed 6-18-92; operative 7-20-92 (Register 92, No. 25).

2. Change without regulatory effect amending subsections (a)(1) and (a)(2)-(3) and Note filed 5-30-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 22).

Note

Note: Authority cited: The Statutes of 1990, Chapter 535, Section 2; and Section 700, Military and Veterans Code. Reference: Sections 74, 79, 970, 972, 972.1 and 972.5, Military and Veterans Code.