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Chapter 1. Teachers' Retirement System. Article 16. Member's Right to Internal Informal Appeal of a Determination by Calstrs Staff of a Right to a Benefit or Obligation. Administrative Remedy for Audits.   

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(a) If an applicant, as defined in Section 27100, subdivision (a) or an entity, including but not limited to a public agency or employer, is affected by the preliminary findings of an audit pursuant to Education Code section 22206, the applicant or the entity may provide a written response to the preliminary audit findings. A final audit report is a Determination and is not subject to internal review by a Program Executive (?Executive Review?) or the Director of Audit Services.

(b) CalSTRS will inform the applicant or entity of the applicant's or entity's right to an administrative hearing. CalSTRS will also refer the applicant to the Office of Administrative Hearings (OAH) for information pertaining to administrative hearings and provide notification of the right to self-representation or counsel at their own expense and that CalSTRS will be represented by counsel.

(c) If an applicant or entity disagrees with the final audit Determination, the applicant or entity may request an administrative hearing. The request for an administrative hearing shall be directed to the CalSTRS Legal Services within ninety (90) days from the date of the final audit Determination. The request shall be in writing and mailed to the following address: CalSTRS Legal Services, PO Box 15275, MS #3, Sacramento, CA 95851. If an applicant or entity fails to request an administrative hearing within the time prescribed, such Determination or action shall be final and the right to an administrative hearing shall be deemed waived.

Authority cited:

Education Code 17

Education Code 22219

Reference:

Education Code 22206

Education Code 22375

Government Code. 11505(b)

(New by Register 2012, No. 6.)