Section 4450 - Appeal Process(a) An interested person may appeal any final adverse decision made on behalf of the Panel where said decision is communicated in writing. Appeals must be submitted in writing to the Executive Director at the Employment Training Panel in Sacramento.(b) There are two levels of appeal before the Panel. The first level must be exhausted before proceeding to the second. (1) The first level of appeal is to the Executive Director, and must be submitted within 30 days of receipt of the final adverse decision. This appeal will not be accepted by the Executive Director unless it includes a statement setting forth the issues and facts in dispute. Any documents or other writings that support the appeal should be forwarded with this statement. The Executive Director will issue a written determination within 60 days of receiving said appeal.(2) The second level of appeal is to the Panel, and must be submitted within 10 days of receipt of the Executive Director's determination. This appeal should include a statement setting forth the appellant's argument as to why that determination should be reversed by the Panel, and forwarding any supporting documents or other writings that were not provided at the first level of appeal to the Executive Director. If the Panel accepts the appeal and chooses to conduct a hearing, it may accept sworn witness testimony on the record.(A) The Panel must take one of the following actions within 45 days of receipt of a second-level appeal: (1) Refuse to hear the matter, giving the appellant written reasons for the denial; or(2) Conduct a hearing on a regularly-scheduled meeting date; or(3) Delegate the authority to conduct a hearing to a subcommittee of one or more Panel members, or to an Administrative Law Judge with the Office of Administrative Hearings.(B) The Panel or its designee may take action to adopt any of the administrative adjudication provisions of the Administrative Procedures Act at Government Code Section 11370et seq., for the purpose of formulating and issuing its decision. Said action may take place at the hearing, or in preliminary proceedings.(C) Upon completion of the hearing, the record will be closed and the Panel will issue a final ruling. The ruling may be based on a recommendation from the hearing designee. The ruling shall be issued in a writing served simultaneously on the appellant and ETP, within 60 days of the record closure.(c) The time limits specified above may be adjusted or extended by the Executive Director or the Panel Chairman for good cause, pertinent to the level of appeal.(d) Following receipt of the Panel's ruling, the appellant may petition for judicial review in Superior Court pursuant to Code of Civil Procedure Section 1094.5. This petition must be filed within 60 days from receipt of the Panel's ruling.Cal. Code Regs. Tit. 22, § 4450
1. New section filed 4-14-95; operative 4-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 15).
2. Amendment of section and NOTE filed 11-28-2006; operative 12-28-2006 (Register 2006, No. 48). Note: Authority cited: Section 10205(m), Unemployment Insurance Code; and Section 11410.40, Government Code. Reference: Section 10205(k) and 10207, Unemployment Insurance Code.
1. New section filed 4-14-95; operative 4-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 15).
2. Amendment of section and Note filed 11-28-2006; operative 12-28-2006 (Register 2006, No. 48).