§ 87795 — Appeal Process

(a)  A vendor may request in writing to the Department’s Administrator Certification Section Manager a review of a notice of deficiency or notice of penalty within ten (10) working days of receipt of the notice.  This review shall be conducted by a higher level staff person other than the evaluator who issued the notice.

(b)  If the reviewer determines that a notice of deficiency or notice of penalty was not issued in accordance with applicable statutes and regulations, the reviewer shall amend or dismiss the notice.  In addition, the reviewer may extend the date specified for correction of a deficiency if warranted by the facts or circumstances to support a request for extension.

(c)  The reviewer will send a written response to the vendor within thirty (30) days of the Section’s receiving a request as described in (a) above.

NOTE:  Authority cited:  Sections 1569.30 and 1569.616(i), Health and Safety Code.  Reference:  Section 1569.33, Health and Safety Code.