5 CCR s 31007

Cal. Admin. Code tit. 5, s 31007

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 4.5. SCHOLARSHARE INVESTMENT BOARD
CHAPTER 2. GOVERNOR'S SCHOLARSHIP PROGRAMS
This database is current through 02/02/07, Register 2007, No. 5
s 31007. The Appeals Process.

(a) In the event that a pupil wishes to appeal an adverse decision
regarding the determination of his or her eligibility to claim an award,
but excluding the scoring of exams, or if a controversy arises out of the
administration of an award recipient's account, that pupil or award
recipient may discuss the matter informally with the Scholarshare
Investment Board staff or designee. If the dispute is not resolved, that
pupil or award recipient may appeal the adverse decision. Such an appeal
shall be in writing, be mailed to the Scholarshare Investment Board, and
shall include a signed and dated letter explaining the dispute and
appropriate documentation to support the pupil's position. The
Scholarshare Investment Board will mail a written decision including the
reason for the decision within thirty (30) days unless SIB notifies the
pupil or award recipient of a different timeline.

(b) In the event a pupil or award recipient is not satisfied with the
resulting decision, he or she may request that the dispute be reviewed by
the Executive Director of the Scholarshare Investment Board. Such a
request shall be in writing and shall be received by the Executive
Director within thirty (30) days of receipt of the adverse decision. The
Executive Director shall mail a written decision, and the reasons
therefor, to the award recipient within thirty (30) days of the request
for the review or such period as may be mutually acceptable.

(c) In the event that an award recipient wishes to appeal a final
determination by the Executive Director, the award recipient may request
that the Scholarshare Investment Board review the decision of the
Executive Director at a regularly scheduled meeting. Such a request shall
be in writing and shall be received by the Scholarshare Investment Board
within thirty (30) days of receipt of the adverse decision and at least
thirty (30) days in advance of a scheduled meeting of the Scholarshare
Investment Board. The pupil or award recipient shall provide supporting
documentation that would justify a reconsideration of the Executive
Director's decision. The Scholarshare Investment Board shall mail a
written decision, and the reasons therefor, to the pupil or award
recipient within ninety (90) days of the meeting.

(d) The decision of the Scholarshare Investment Board is the final
administrative decision.

(e) For purposes of Section 31007, the terms pupil or award recipient
shall include the pupil's or award recipient's parent or legal guardian,
if applicable.

Note: Authority cited: Sections 69981(d), 69996(d) and 69999,
Education Code. Reference: Section 69996(d), Education Code; and
Sections 529 and 117(b), Internal Revenue Code.

HISTORY

1. New section filed 12-1-2000 as an emergency; operative 12-1-2000
(Register
2000, No. 48). A Certificate of Compliance must be transmitted to OAL by
11-
30-2001 pursuant to Education Code section 69999 or emergency language
will
be repealed by operation of law on the following day.

2. Certificate of Compliance as to 12-1-2000 order, including amendment of
section, transmitted to OAL 11-30-2001 and filed 12-21-2001 (Register
2001,
No. 51).

3. Amendment of subsections (a)-(c) filed 12-27-2001 as an emergency;
operative
1-1-2002 (Register 2001, No. 52). Pursuant to
Education Code section69999, a Certificate of Compliance must be
transmitted to OAL by 1-1-2003 or
emergency language will be repealed by operation of law on the following
day.

4. Editorial correction ofHistory3 (Register 2002, No. 21).

5. Certificate of Compliance as to 12-27-2001 order transmitted to OAL
12-18-
2002 and filed 1-29-2003 (Register 2003, No. 5).

5 CCR s 31007, 5 CA ADC s 31007
1CAC

5 CA ADC s 31007

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