Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any applicant
who disagrees with a Decision, excluding audit findings as referenced in
section 27102, may request a review of that
Decision by the Program Executive. The request for review must:
(1) Be made in writing;
(2) Be addressed to the Program
Executive;
(3) State all facts, any
basis in the Education Code or other law that applicant believes are relevant,
and any other pertinent information, which may include but is not limited to
medical records, which the applicant relies on to dispute the Decision.
(A) The stated facts, law, and pertinent
information, which may include but is not limited to medical records, must be
submitted with all documentary evidence applicable to the disputed Decision. If
there is no documentary evidence, the writing should expressly state there is
an absence of such evidence.
(B) It
is the applicant's burden to show that the facts, law, and pertinent
information would provide a legal basis for CalSTRS to reverse the
Decision.
(4) Within
forty-five (45) days after the date of the disputed written Decision, be
received by the System Headquarters or by a CalSTRS Field Office or at the
following email address:
[CalSTRSInternalReview@calstrs.com].
(b) CalSTRS will inform the applicant of the
applicant's right to an administrative hearing. CalSTRS will also refer the
applicant to the Office of Administrative Hearings (OAH) for information
pertaining to administrative hearings, notify the applicant that the applicant
has a right to self-representation or counsel at their own expense and that
CalSTRS will be represented by counsel.
(c) If the applicant's request for review by
a Program Executive ("Executive Review") does not contain additional
information or legal basis for review beyond the facts and/or documentary
evidence previously provided to or obtained by the program area and merely
repeats information previously provided, the applicant's request for Executive
Review by the Program Executive shall be denied and the applicant may request
an administrative hearing. The Program Executive may consult with CalSTRS staff
prior to denying applicant's request for Executive Review.
(d) If the Program Executive determines that
the applicant has provided sufficient additional information or legal basis for
review, the Program Executive will review the Decision and make one of the
following Determinations:
(1) Based upon
review of the law and facts, including any additional information provided by
applicant, applicant has not provided a legal basis to reverse the Decision and
has therefore failed to meet his or her legal burden. The Program Executive
shall inform the party in writing of the Determination and the applicant's
right to an administrative hearing.
(2) Informal fact finding is necessary in
regard to the applicant's dispute with the Decision and the matter is referred
to staff for investigation. The informal factual investigation may include, but
is not limited to, inquiries made to the applicant and requests for further
documentary evidence pursuant to Education Code sections
22207,
22250,
22450,
24003,
24103, and
26002. The
applicant must in good faith cooperate with and respond to staff.
(A) The applicant must respond in writing,
either through mail, facsimile or email, to any inquiries made and/or requests
for further documentary evidence. If the applicant fails to respond in writing
or produce documentary evidence within forty-five (45) days after the inquiry
or request was made, the applicant shall be deemed to have waived the right to
pursue any additional administrative remedies. Accordingly, the Decision will
be deemed to be a Determination by the Program Executive.
(B) At the discretion of the Program
Executive an extension to respond to any inquiries made and/or requests for
further documentary evidence may be granted if the request for an extension is
made prior to the last day to respond, in writing, and received at the System
Headquarters, at a CalSTRS field office, or at the following email address:
[CalSTRSInternalReview@calstrs.com].
(C) Upon completion of the informal factual
investigation, the Program Executive will conduct a review of the additional
information, the legal basis for review that applicant believes are relevant,
and the information gathered through investigation. The review may include
consultation with, including but not limited to, staff, the Ombudsman, a Legal
Services representative, and a representative from the relevant program area.
After the review is complete, the Program Executive shall make a Determination
and shall inform the applicant in writing within fifteen (15) days. If the
applicant disagrees with the Program Executive's Determination under
subdivisions d(1) or d(2)(C) of this section, the applicant may request an
administrative hearing.
(e) The request for an administrative hearing
shall be directed to CalSTRS Legal Services within ninety (90) days of the date
of the Determination signed by the Program Executive. The request shall be in
writing and mailed to the following address: CalSTRS Legal Services, PO Box
15275, MS #3, Sacramento, CA 95851. If the applicant fails to make a written
request for administrative hearing within the time prescribed, the Program
Executive's Determination shall be final and the right to an administrative
hearing shall be deemed waived.
1. New
section filed 2-9-2012; operative 3-10-2012 (Register 2012, No.
6).
Note: Authority cited: California Constitution, Article
XVI, Section 17; and Sections
22219 and
26002,
Education Code. Reference: Sections
22207,
22250,
22303,
22375,
22450,
22455,
24003,
24103,
26002,
26132 and
26301,
Education Code; and Sections
11415.40
and
11505(b),
Government Code.
