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Legal Resources | Title 5 |  T5  30313  

Appeal.   

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A respondent party not prevailing at a hearing may seek final administrative remedy by appealing the Hearing Officer's decision to the eleven member California student Aid Commission. The decision of the Hearing Officer will remain in effect pending the conclusion of this final administrative review. Request for, and necessity of, appeal shall be presented in writing to the CELP Official within twenty (20) days of the respondent's receipt of the Hearing Officer's decision. The appeal may be scheduled for review by the California Student Aid Commission and the time and place for the appeal, if granted, shall be given to the appellant within sixty (60) days of receipt of the request for appeal by certified mail (return receipt requested). Effective dates of these time restrictions are established by the postmarked dates of requests for appeal.

The respondent party seeking review by appeal shall limit its presentation solely to evidence introduced into the record at the hearing, stipulations of the parties, and matters that may be judicially noticed and shall make a reasonable showing that a prejudicial procedural error was committed in the conduct of the hearing or that the Hearing Officer's decision embodies a finding or conclusion of material fact which is clearly erroneous or embodies a legal conclusion which is erroneous.

In reaching its final administrative decision, the Commission shall consider only evidence introduced into the record at the hearing, stipulations of the parties, and matters that may be judicially noticed.

The Commission's decision may affirm, modify, or reverse the Hearing Officer's decision. The appellant shall be notified of the Commission's decision by mailing a notice by certified mail (return receipt requested) to the appellant within thirty (30) days of the date the appeal was heard by the Commission.

The California Student Aid Commission's decision to grant or not grant final administrative remedy by hearing an appeal, is not subject to judicial review. If, however, the Hearing Officer's decision is upheld by the Commission, or the request for an appeal is denied, such decisions shall be subject to review in accordance with the standards for judicial review established by law.

Authority cited:

Education Code 69763

Reference:

United States Code, Title 20, Section 1078 (b) (2)

United States Code, Title 20, Section 1078-2(a)

Code of Federal Regulations, Title 34, Section 682.401(c)(2)(ii)

Code of Federal Regulations, Title 34, Section 683.31(c)(2)(ii)

Education Code 69763

(Amended by Register 88, No. 35.)