Section 2334.2 - Denial of Unitrust Conversion Application(a) Grounds for denial. The bureau shall deny an application to convert a cemetery authority's endowment care fund from a net income distribution method to a unitrust distribution method if any of the following conditions exist: (1) The cemetery authority does not meet the conditions of approval described in Section 8726.2(b) of the Health and Safety Code, as applicable.(2) The bureau finds any of the conditions described in subdivisions (a)-(f) of Section 7613.9 of the Code.(3) The applicant has not provided all relevant documents to the bureau pursuant to Section 2334.(b) Written Notice of Denial. The bureau shall provide the cemetery authority with a written notice of the denial of the application to convert to the unitrust distribution method, including the basis for the denial and the process and procedure for appealing the denial according to this section, which will be mailed to the cemetery authority licensee's address of record.(c) Appeal of Denial. An applicant may file a written appeal of the bureau's decision denying its application to convert to the unitrust distribution method within thirty (30) days after the date of the notice of the bureau's denial. The appeal shall include any documentation the applicant wishes to present to the bureau. The request for an appeal shall be considered a request for an informal hearing under the Administrative Procedure Act (commencing with Section 11445.10 of the Government Code).(d) Informal Office Conference Option. In addition to requesting a hearing, the applicant may request in writing an informal office conference with the bureau regarding the reasons for the denial within ten (10) days from the date of receipt of the denial notice. The bureau shall, within thirty (30) days from the date of receipt of the request, hold an informal office conference with the applicant. At the conclusion of the informal office conference, the bureau may affirm or dismiss the denial. The bureau shall state in writing the reasons for their action and mail a copy of their findings and decision to the applicant within fifteen (15) days from the date of the informal office conference. The applicant does not waive its request for an informal hearing as provided by this section by requesting an informal office conference. If the denial is dismissed after the informal office conference, the application shall be deemed approved and the request for an informal hearing shall be deemed to be withdrawn.Cal. Code Regs. Tit. 16, § 2334.2
1. New section filed 1-5-2022; operative 1-5-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1). Note: Authority cited: Section 7606, Business and Professions Code; and Section 11445.20. Government Code. Reference: Section 7613.9, Business and Professions Code; Section 8726.2, Health and Safety Code; and Sections 11445.10 and 11445.20, Government Code.
1. New section filed 1-5-2022; operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).