§ 7040. Appeals.

(a) Availability. An Applicant may file an appeal of any Initial Allocation. The grounds for any such appeal shall be limited to Applicant eligibility pursuant to Section 7031 and Section 7037 and whether the proposed expense is for a Project as defined in (ee) of Section 7030 for the First Funding Round and Second Funding Round. No Applicant may appeal the Authority staff evaluation of, or Initial Allocation to, another Applicant.

(b) Timing. The appeal shall be submitted in writing and shall be received by the Authority not later than ten (10) calendar days following the transmittal date of the notification of Initial Allocation.

(c) Review. The Authority staff shall review the written appeal based upon the existing documentation submitted by the Applicant when the Application Form was filed and any other information the Authority staff requests of the Applicant. The Authority staff shall make a finding as to the merit of the appeal and shall notify the Applicant as to the decision no later than ten (10) calendar days after the receipt of an appeal. In the event that the Authority staff does not approve an appeal, the Applicant may further appeal to the Authority. The Applicant shall notify the Executive Director in writing no later than ten (10) calendar days prior to the next regularly scheduled Authority meeting that the Applicant intends to further appeal to the Authority. Any such appeal shall be presented by the Applicant, in person, at the next regularly scheduled Authority meeting.

HISTORY

1. New section filed 2-11-2005 as an emergency; operative 2-11-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-13-2005 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 5-26-2005 as an emergency; operative 5-26-2005 (Register 2005, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-23-2005 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 5-26-2005 order, including amendment of section, transmitted to OAL 9-14-2005 and filed 10-27-2005 (Register 2005, No. 43).

4. Amendment of subsection (a) filed 5-19-2014; operative 5-19-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 21).

Note

Note: Authority cited: Sections 1179.22, 1179.24 and 1179.32, Health and Safety Code. Reference: Sections 1179.22 and 1179.24, Health and Safety Code.