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California Regulations § 60851 Reconsideration

⤴ Up to Article 1: Application Process

Regulation Text

(a) An applicant who is excluded or removed from an applicant pool, by either the State Auditor's Office or the panel, based on any of the following grounds, may seek timely reconsideration of the decision by the entity making the decision:
(1) Conflict of interest.
(2) Failing to satisfy the eligibility requirements for serving as a member of the commission, as set forth in subdivision (a)(3) of section 2 of Article XXI of the California Constitution.
(3) Failing to comply with a procedural requirement of the application process.
(b) All other decisions by the State Auditor's Office and the panel, including, but not limited to, decisions to exclude or remove applicants from an applicant pool, except for the decisions described in subdivision (a), are final at the time the decisions are made, and an applicant has no right to seek reconsideration of those decisions by either the State Auditor's Office or the panel.
(c) An applicant seeking reconsideration of a decision described in subdivision (a) shall submit to the State Auditor's Office a written request for reconsideration that complies with all of the following requirements:
(1) Is received by the State Auditor's Office within 10 days after the date that the State Auditor's Office issued a notice to the applicant that he or she was being excluded or removed from an applicant pool for any of the reasons stated in subdivision (a).
(2) Includes a statement of facts, with supporting evidence, establishing by a preponderance of evidence that the applicant was excluded or removed from an applicant pool erroneously.
(3) Contains a certification that the facts alleged in the request for reconsideration are true and correct.
(d) All requests for reconsideration that do not satisfy the requirements of subdivision (c) shall be summarily denied by the State Auditor's Office or the panel. Upon the State Auditor's Office or the panel denying a request for reconsideration of a decision described in subdivision (a), or upon the period for filing such a request expiring without a request being received, whichever occurs first, the decision shall become final and the applicant will have no further right to seek reconsideration of the decision.
(e) If the State Auditor's Office or the panel determines that an applicant has, in a written request for reconsideration, established by a preponderance of evidence that he or she was erroneously excluded or removed from an applicant pool for one of the reasons stated in subdivision (a), the State Auditor's Office or the panel shall place the applicant in that applicant pool and the applicant shall participate in the application process in the same manner as if the applicant had not been excluded or removed.
(f) Notwithstanding subdivisions (b) and (d), at any time during the application process, the panel may, solely at its own discretion, reconsider and correct a past decision of the panel or the State Auditor's Office during the application process due to gross error or other compelling circumstances.

Source

1. New section filed 11-5-2009; operative 11-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 45). 2. Change without regulatory effect amending section filed 1-7-2019 pursuant to section 100 , title 1, California Code of Regulations (Register 2019, No. 2).

History

1. New section filed 11-5-2009; operative 11-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 45). 2. Change without regulatory effect amending section filed 1-7-2019 pursuant to section 100, title 1, California Code of Regulations ( Register 2019, No. 2 ).

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