Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any applicant who is determined to be ineligible to receive an agency public benefit pursuant to this chapter may appeal such determination as provided in this section.
(b) The applicant shall utilize the following appeal process:
(1) To be considered, an appeal:
(A) must be submitted in writing to the agency;
(B) must be either hand-delivered, facsimile-transmitted or postmarked within fifteen (15) calendar days from the applicant's receipt of the written notice of determination of ineligibility; and
(C) must state the reason the applicant believes the determination was in error.
(2) Upon receipt of an appeal, the agency shall appoint a person to serve as a review officer which person may be either an employee or independent contractor of the agency. The review officer shall not be the same person as rendered the determination being appealed nor a subordinate of such person.
(3) The review officer may determine the relevance of the submitted information and may request additional information from the applicant or the person who rendered the determination being appealed and any other source he or she determines, in his or her sole discretion, has relevant and reliable information, including but not limited to, the INS. The review officer may set a cut-off time after which no additional information will be accepted.
(4) The review officer shall conduct a review of the determination being appealed, including all information upon which it was based as well as all information submitted by the applicant in support of his or her appeal. The authority of the review officer shall be limited to determinations of eligibility pursuant to this chapter and he or she shall have no authority to overrule any decision or conclusion of the INS regarding the applicant's immigration status.
(5) Notwithstanding any other provision of this chapter, if, during the appeal process, the review officer is informed by the agency that the applicant is ineligible to receive the agency public benefit for reasons other than those set forth in this chapter, the appeal shall be dismissed.
(6) The review officer shall use his or her best efforts to provide a written notice of decision to the applicant within fifteen (15) calendar days following the receipt of the appeal provided, however, that in the event the review officer is unable to do so, he or she shall provide a written notice to the applicant that (A) additional time is necessary, (B) the reasons why, and (C) the date by which the decision will be rendered. In the event that the review officer is unable, after using his or her best efforts to do so, render the decision within the specified time frame, the review officer may repeat the extension process, as necessary, until the decision is rendered. The decision of the review officer shall be a final administrative decision which completes the final verification process.
1. New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-21-98 and filed 10-28-98 (Register 98, No. 44).
3. Renumbering of former section 12107 to section 12106 and renumbering of former section 12108 to section 12107, including amendment of section and NOTE, filed 11-2-98; operative 12-2-98 (Register 98, No. 45).
Note: Authority cited: Sections 51050(e), 51050(s), 51067 and 51349, Health and Safety Code. Reference: 8 U.S.C. §§
1601, 1621, 1625, 1641 and 1642; and Sections 51050- 51070, 51100- 51253 and 51325- 51340, Health and Safety Code.
