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58 <br />H. Procedures For Independent Appeals (5 CCR 18301 and GC 11500) <br />1. Notice of Defense/Appeal Petition <br />a. The contractor shall be served notice of the action as set forth in WIC <br />10396 and GC 1500 et seq. The contractor may contest the noticed action <br />as set forth in GC 11506 by filing a notice of defense/appeal petition with <br />the CDSS within fifteen (15) days after service of the action and may <br />request a hearing before the OAH. The notice of defense/appeal petition <br />shall include: <br />i. A clear, concise statement of the action being appealed; and <br />ii. The name, address, and telephone number of the contractor’s <br />authorized representative for the proceeding. <br />b. In addition, the contractor may also, as part of the Notice of <br />defense/appeal petition: <br />i. Object to the action upon the grounds that it does not state acts or <br />omissions upon which the contractor may proceed; <br />ii. Object to the form of the action on the grounds it is so indefinite or <br />uncertain that the respondent cannot identify the transaction or prepare <br />a defense; <br />iii. Admit any of the charges in the action in whole or in part; <br />iv. Object to the action upon the grounds that, under the circumstances, <br />compliance with the requirements of a regulation would result in a <br />material violation of another regulation enacted by another department <br />affecting substantive rights. <br />2. Failure To Submit a Timely Notice of Defense or Appeal Petition or Proceed <br />with Appeal <br />If a contractor is served a notice of action and fails to properly file a notice of <br />defense/appeal petition, or files a notice of defense/appeal petition, but fails to <br />appear at the appeal hearing, action may be taken by the CDSS (or by the <br />Administrative Law Judge for failure to appear at the hearing) based upon the <br />contractor’s express admissions or other evidence and affidavits without any <br />notice to the contractor. Notwithstanding the default, the CDSS or the OAH <br />may, before a proposed decision is issued, grant an appeal hearing on <br />reasonable notice to the parties. If the CDSS issues a default decision <br />against the contractor, it must serve notice of that decision on the contractor <br />and the contractor has seven (7) days after service to request that the <br />decision be vacated stating the grounds relied on. The CDSS, in its