California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 6 - Business Enterprises Program for the Blind
Article 10 - Administrative Review and Full Evidentiary Hearing Procedures
Section 7227.1 - Administrative Review

Universal Citation: 9 CA Code of Regs 7227.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Licensees or vendors who are dissatisfied with any action of the Department arising from licensing, selection as a vendor, termination or suspension of a license or vendor operating agreement, probation, or any other administrative action on the part of the Department, may elect to participate in the administrative review process prior to pursuing a full evidentiary hearing. Participating in an administrative review will not affect the right of a licensee or vendor to request a full evidentiary hearing. Licensees or vendors who elect to participate in the administrative review process shall comply with the following requirements. All requests for administrative review shall:

(1) Be made within 30 working days of the action or occurrence with which licensee or vendor is dissatisfied.

(2) Be made in writing to a Supervising Business Enterprise Consultant. Nothing shall prevent a licensee or vendor from addressing a request to a higher level, but the Department retains the right to remand the request back to a lower level.

(3) Include the following information:
(A) The reason for the request.

(B) The action the licensee or vendor wishes to have taken.

(b) Except in unusual circumstances, a request for an administrative review shall be processed and decided upon by the supervisory staff of the Department in the following order:

(1) The Supervising Business Enterprises Consultant shall examine the facts and recommend a proposed decision.

(2) The BEP Manager shall review the facts and either approve or change the proposed decision.

(3) The Deputy Director who oversees the Business Enterprises Program for the Blind shall have final review authority and shall decide the issue by approving or changing the proposed decision.

(c) The following requirements shall be met at all levels of the administrative review process:

(1) The supervisory staff of the BEP shall thoroughly review all facts pertinent to the disputed issue and shall endeavor to achieve a fair and equitable resolution to the complaint in an expeditious manner.

(2) A written notification of the decision shall be mailed to the licensee or vendor within 15 working days of the date the request was received by the Department. Each of the supervisory staff shall complete his or her level of review in sufficient time to ensure that this time frame is met. If at any level of review the supervisory staff has cause to believe that written notification cannot be provided within this time frame, the reviewer shall elevate the request to the next level of review.

(d) If a licensee or vendor is dissatisfied with the proceedings at any level of the review process, he or she may seek remedy by elevating the request to the next level of review or may abandon the administrative review process and seek remedy through a full evidentiary hearing.

(e) If the administrative review does not resolve the complaint, the licensee or vendor may request a full evidentiary hearing. The request shall be made in writing within 15 working days of the receipt of the administrative review decision.

1. New section filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
2. Amendment of section and NOTE filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
3. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).

Note: Authority cited: Sections 19006, 19016 and 19639, Welfare and Institutions Code; 20 USC Section 107b(5); and 34 CFR Section 395.4. Reference: Sections 19006, 19016, 19635 and 19639, Welfare and Institutions Code.

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