(c) Appeals Process.

• (1) The following adverse actions may be appealed:

  • (A) Determination of the application point score;

  • (B) Disqualification from participation in the program;

  • (C) Disqualification of an incomplete application;

(D) Notice of bond recission and denial of request to extend the deadline under Section 5105(h);

• (E) Assessment of negative points; and,

• (F) As otherwise specifically permitted under these regulations.

(2) No party, whether an applicant or otherwise, may appeal the evaluation, scoring, ranking, or review of any application other than its own. Appeals shall be limited solely to the evaluation of the Applicant’s own application.

(3) Application appeals procedure. The following procedure applies to subdivisions (1)(A) through (C):

(A) Applicants must submit written appeals within five (5) calendar days of the transmittal of the point or disqualification letter. Staff will respond in writing within five (5) calendar days of receiving the appeal.

(B) Applicants may then appeal the staff response to the Executive Director within five (5) calendar days of the transmittal of that response. The Executive Director will respond in writing within ten (10) calendar days of receipt.

(C) A final appeal may be submitted to the Committee within five (5) calendar days of the transmittal of the Executive Director’s response. The Committee will hear the appeal at its next regularly scheduled public meeting. All final appeals must be accompanied by a non-refundable fee of five hundred dollar ($500) payable to CDLAC. The Committee will consider appeals only upon payment of this fee.

(4) The following procedure is for all adverse actions other than subdivisions (1)(A) through (C).

(A) Applicants may appeal the adverse action by submitting a written appeal to the Executive Director within fourteen (14) calendar days of the transmittal of the communication describing the

adverse action, unless extended by the Executive Director for up to an additional fourteen (14) days.

(B) The Committee will hear the appeal at its next regularly scheduled public meeting.

(C) All appeals must include a non-refundable fee of five hundred dollars ($500) payable to CDLAC; no appeal will be considered without this payment.

(5) All appeals must be in writing and state the grounds upon which they are based and, except as provided in subdivision (b)(2), shall be reviewed based solely on documentation submitted with the original application.

NOTE: Authority cited: Section 8869.94, Government Code. Reference: Section 8869.84(c) and 8869.90, Government Code.