Section 4502-5 - Decision of Local Service Delivery Area and Subsequent Appeal(a) Not later than 60 calendar days after the filing of the complaint, the service delivery area shall mail a written decision to both the complainant and the respondent by certified mail. The service delivery area's decision shall contain the following information: (1) The names of the parties involved;(2) A statement of the alleged violation(s) and issues related to the alleged violation;(3) A statement of the facts;(4) The service delivery area's decision and the reasons for the decision;(5) A statement of the corrective action, if any, to be taken; and(6) Notice of the right of either party to request a review of the decision by the State Review Panel within ten calendar days of receipt of the decision.(b) If a complainant receives an unsatisfactory decision or if the service delivery area does not issue a decision within 60 days of the filing of the complaint (or the complainant has not received the decision within an additional five calendar days from the date the decision was due), the complainant may appeal the decision or request the EDD to review the complaint and the service delivery area decision, if any.(c) Complainants shall initially file and complete service delivery area hearing procedures prior to appealing to the EDD. In addition, the procedures specified in Sections 4501-1 through 4503-3 and the service delivery area procedures established pursuant to them shall be completed before a complainant may file judicial action at the county, State, or federal level regarding an alleged violation of JTPA law or regulations.(d) To appeal a service delivery area decision or lack of decision, the complainant shall submit a written request for EDD review to: CHIEF, COMPLIANCE REVIEW DIVISION, MIC 22-M
EMPLOYMENT DEVELOPMENT DEPARTMENT
P.O. BOX 826880
SACRAMENTO, CA 94280-0001
Cal. Code Regs. Tit. 22, §§ 4502-5
1. New section filed 6-24-99 as an emergency; operative 6-24-99 (Register 99, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-22-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-24-99 order transmitted to OAL 10-21-99; disapproved by OAL and order of repeal as to 6-24-99 order filed on 12-7-99 (Register 99, No. 50).
3. New section filed 12-8-99 as an emergency; operative 12-8-99 (Register 99, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-6-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-8-99 order, including amendment of subsection (a) and amendment of NOTE, transmitted to OAL 2-24-2000 and filed 4-6-2000 (Register 2000, No. 14). Note: Authority cited: Sections 305, 306 and 15051, Unemployment Insurance Code. Reference: Job Training Partnership Act, Title 29, United States Code, Section 1554; and Title 20, Code of Federal Regulations, Sections 627.501 through 627.503.
1. New section filed 6-24-99 as an emergency; operative 6-24-99 (Register 99, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-22-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-24-99 order transmitted to OAL 10-21-99; disapproved by OAL and order of repeal as to 6-24-99 order filed on 12-7-99 (Register 99, No. 50).
3. New section filed 12-8-99 as an emergency; operative 12-8-99 (Register 99, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-6-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-8-99 order, including amendment of subsection (a) and amendment of Note, transmitted to OAL 2-24-2000 and filed 4-6-2000 (Register 2000, No. 14).