In the event of a dispute or grievance between the local agency and the state concerning the application, the following administrative procedures shall be followed by both parties, prior to either party seeking judicial review:
The local agency shall first discuss the grievance with the field representative assigned by the Cal OES Recovery Division. If the grievance cannot be resolved at this stage, the local agency shall direct the grievance, together with any information in writing, to the Deputy Director, Cal OES Recovery Division or his/her designee, within sixty (60) working days of receipt of notification of the issue to be grieved, unless this deadline is extended by Cal OES. The grievance must state the issues in the dispute, the legal authority, or other basis for the local agency's position, and the remedy sought. The Deputy Director, Cal OES Recovery Division or his/her designee, shall make a determination on the grievance within sixty (60) working days after receipt of the written communication from the local agency. The Deputy Director, Cal OES Recovery Division or his/her designee, shall respond in writing to the local agency indicating the decision reached and the reasons therefor. Should the local agency disagree with this decision, the local agency may appeal to the second level.
The local agency shall prepare a letter indicating why the Deputy Director of Cal OES Recovery Division's or his/her designee's decision is unacceptable, attaching to it the local agency's original statement of the dispute with supporting documents, together with a copy of the Deputy Director of Cal OES Recovery Division's or his/her designee's response. This letter shall be sent to the Director of Cal OES within sixty (60) working days from receipt of the Deputy Director of Cal OES Recovery Division's or his/her designee's decision, unless this deadline is extended. Based upon a request from the local agency, the Director of Cal OES may meet with the local agency representatives to review the grievance and the issues raised. The Director of Cal OES shall issue a written decision to the local agency within sixty (60) working days of receipt of the local agency's letter. This written decision shall be deemed a final judgment for purposes of this Fair Hearing Process.
Cal. Code Regs. Tit. 19, § 2990
2. New section refiled 3-7-91 as an emergency; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 16). A Certificate of Compliance must be submitted to OAL by 7-5-91 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 1. (Register 91, No. 16).
4. Readoption of emergency filed 3-7-91; operative 3-7-91. Readoption filed 7-2-91, pursuant to Government Code section 8682.9; operative 7-2-91 (Register 91, No. 40).
5. New section refiled 10-30-91 as an emergency; operative 10-30-91 (Register 92, No. 6). A Certificate of Compliance must be transmitted to OAL 2-27-92 or emergency language will be repealed by operation of law on the following day.
6. Amendment filed 8-30-2001 as an emergency; operative 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-30-2001 order transmitted to OAL 12-26-2001 and filed 2-8-2002 (Register 2002, No. 6).
8. Change without regulatory effect amending section filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
9. Change without regulatory effect amending section and NOTE filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
10. Change without regulatory effect amending section filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).
Note: Authority cited: Sections 8585 and 8682.9, Government Code. Reference: Section 8585 and the Natural Disaster Assistance Act, Chapter 7.5, Division 1, Title 2 (Section 8680 et seq.), Government Code.
2. New section refiled 3-7-91 as an emergency; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 16). A Certificate of Compliance must be submitted to OAL by 7-5-91 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 1. (Register 91, No. 16).
4. Readoption of emergency filed 3-7-91; operative 3-7-91. Readoption filed 7-2-91, pursuant to Government Code section 8682.9; operative 7-2-91 (Register 91, No. 40).
5. New section refiled 10-30-91 as an emergency; operative 10-30-91 (Register 92, No. 6). A Certificate of Compliance must be transmitted to OAL 2-27-92 or emergency language will be repealed by operation of law on the following day.
6. Amendment filed 8-30-2001 as an emergency; operative 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-30-2001 order transmitted to OAL 12-26-2001 and filed 2-8-2002 (Register 2002, No. 6).
8. Change without regulatory effect amending section filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
9. Change without regulatory effect amending section and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
10. Change without regulatory effect amending section filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).