Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
appeals entity shall dismiss an appeal if the appellant:
(1) Unconditionally or conditionally withdraws the
appeal request in writing prior to the hearing date, in accordance with the
following procedure:
(A) Except as provided in
subdivision (a)(1)(B) of this section, if the withdrawal is unconditional, the
appeal request shall be immediately dismissed.
(B) If the appellant has verbally withdrawn their
appeal request prior to the hearing, and such withdrawal is unconditional, the
following process shall apply:
1. The appeals
entity shall send the appellant a written confirmation of the withdrawal within five
business days from the date on which the appellant's verbal withdrawal request is
received by the appeals entity. The written confirmation shall serve as the
appellant's written withdrawal and the appeal shall be dismissed unless the
appellant notifies the appeals entity, in writing or verbally, within 15 days of the
date of the written confirmation, that the appellant has not withdrawn their appeal
request.
2. If the appellant makes the
verbal unconditional withdrawal request to the Exchange, the Exchange shall notify
the appeals entity of the appellant's verbal unconditional withdrawal request within
three business days from the date of the request.
(C) If the withdrawal is conditional:
1. The withdrawal shall be accompanied by an
agreement signed by the appellant and by the Exchange as part of the informal
resolution process specified in Section
6612;
2. Upon receipt of the signed conditional
withdrawal, the hearing date, if any, shall be vacated;
3. The actions of both parties under the agreement
specified in subdivision (a)(1)(C)1 of this section shall be completed within 30
calendar days of the date on the agreement; and
4. Upon the satisfactory completion of the actions
of the appellant and the Exchange under the agreement specified in subdivision
(a)(1)(C)1 of this section, the appeals entity shall dismiss the appeals request
unless the hearing request is reinstated within the time limits set forth in Section
6606(c);
(D) Both unconditional and conditional withdrawals
shall be accepted by telephone if the following requirements are met:
1. The appellant's statement and telephonic
signature made under penalty of perjury shall be recorded in full; and
2. The appeals entity shall provide the appellant
with a written confirmation documenting the telephonic
interaction.
(2)
Fails to appear at a scheduled hearing without good cause, as determined in
accordance with Section
6602(c);
(3) Fails to submit a valid appeal request as
specified in Section
6606(b) without good
cause, as determined in accordance with Section
6602(c); or
(4) Dies while the appeal is pending, unless the
appeal affects the remaining member(s) of the deceased appellant's household, or the
appeal can be carried forward by a representative of the deceased appellant's
estate, or by an heir of the deceased appellant if the decedent's estate is not in
probate, in accordance with the California Department of Social Services' Manual of
Policies and Procedures Section 22-004.4.
(b) If an appeal is dismissed under subdivision
(a) of this section, the appeals entity shall provide written notice to the
appellant within five business days from the date of the dismissal. The notice shall
include:
(1) The reason for the
dismissal;
(2) An explanation of the
dismissal's effect on the appellant's eligibility; and
(3) An explanation of how the appellant may show
good cause as to why the dismissal should be vacated in accordance with subdivision
(d) of this section.
(c) If an
appeal is dismissed under subdivision (a) of this section, the appeals entity shall,
within three business days from the date of the dismissal, provide notice of the
dismissal to the Exchange, and to the DHCS, as applicable, including instructions
to, no earlier than five business days from the date of the dismissal:
(1) Implement the eligibility determination;
and
(2) Discontinue eligibility pending
appeal provided under Section
6608.
(d) The appeals entity shall:
(1) Vacate a dismissal and proceed with the appeal
if the appellant makes a written request within 30 calendar days of the date of the
notice of the dismissal showing good cause why the dismissal should be vacated, in
accordance with Section
6602(c); and
(2) Provide written notice of the denial of a
request to vacate a dismissal to the appellant within five business days from the
date of such denial, if the request is denied.
Note: Authority cited: Section 100504, Government Code.
Reference: Sections 100503 and 100506, Government Code; and
45 CFR Section
155.530.
Note: Authority cited: Section
100504,
Government Code. Reference: Sections
100503 and
100506,
Government Code; and 45 CFR
Section
155.530.
