(a) Availability. (1) The Applicant designated as Lead Grantee on an Application may, on behalf of all Applicants listed on an Application, appeal the amount of the Initial Allocation recommended by Authority Staff for that Application, including an Authority Staff determination not to recommend a Grant. No Applicant may appeal an Initial Allocation made to another Applicant.(b) Timing. (1) The appeal shall be submitted to the Executive Director no later than five calendar days following the date of the notification of Initial Allocation.(2) Appeals may be submitted to the Executive Director by email, mail or delivery to: CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY
915 CAPITOL MALL, ROOM 435
SACRAMENTO, CALIFORNIA 95814
EMAIL ADDRESS: chffa@treasurer.ca.gov
(c) Review. (1) The Executive Director shall review the appeal based on the Application as originally submitted. Any new or revised Application or additional documentation or information that was not submitted in the Application shall not be considered.(2) The Executive Director shall make a decision on the merit of the appeal and notify the Applicant of the decision no later than 20 calendar days after receipt of the appeal.(3) The decision of the Executive Director may be appealed to the Authority, by written notification to the Executive Director within five calendar days of the date of the Executive Director's decision.(4) The Authority shall make a final decision on an appeal of the Executive Director's decision at a public meeting.(d) Successful appeals.(1) An Initial Allocation to an Applicant based on the appeal may result in a reduction or elimination of Initial Allocations to other Applicants that would have otherwise received an Initial Allocation.(2) Adjustments to any Initial Allocations following any appeals may not be appealed.Cal. Code Regs. Tit. 4, § 7121
1. New section filed 11-21-2013 as an emergency; operative 11-21-2013 (Register 2013, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-19-2014 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-15-2014 as an emergency; operative 5-15-2014 (Register 2014, No. 20). A Certificate of Compliance must be transmitted to OAL by 8-13-2014 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-5-2014 as an emergency; operative 8-8-2014 (Register 2014, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-6-2014 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-5-2014 order transmitted to OAL 8-25-2014 and filed 10-6-2014 (Register 2014, No. 41).
5. Change without regulatory effect amending subsection (b)(2) filed 11-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 47). Note: Authority cited: Sections 5848.5 and 5848.6, Welfare and Institutions Code. Reference: Section 5848.5, Welfare and Institutions Code.
1. New section filed 11-21-2013 as an emergency; operative 11-21-2013 (Register 2013, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-19-2014 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-15-2014 as an emergency; operative 5-15-2014 (Register 2014, No. 20). A Certificate of Compliance must be transmitted to OAL by 8-13-2014 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-5-2014 as an emergency; operative 8-8-2014 (Register 2014, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-6-2014 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-5-2014 order transmitted to OAL 8-25-2014 and filed 10/6/2014 (Register 2014, No. 41).
5. Change without regulatory effect amending subsection (b)(2) filed 11-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 47).