Can my administrative appeal be rejected?

An appeal may be rejected by the Appeals Coordinator. There are many reasons why an appeal might be rejected, including not having used and received a response to a Form 22 request.[639] An appeal can also be rejected for filing more than the allowable number of appeals, failing to fill out the form properly, failing to attach supporting documents, trying to address multiple unrelated issues, or submitting an appeal that is too lengthy or too vague.[640] If an appeal is rejected, you should get a notice that tells you why and what you can do to correct the problem and get the appeal processed.[641] If an appeal is rejected because of a correctable problem, you should try to correct the problem and resubmit the appeal within 30 calendar days of the rejection.[642] If the problem cannot be corrected and/or you think the rejection decision is incorrect, you can send the appeal back to the Appeals Coordinator with an explanation and/or evidence as to why the appeal should be accepted.[643] Following up on improperly rejected appeals through the highest level is important if you want to preserve your right to file a legal action regarding the original problem, because a rejected appeal may not satisfy the exhaustion of administrative remedies requirement for a lawsuit.[644]

  1. 639

    15 Cal. Code Regs. § 3086(e)(2).

  2. 640

    15 Cal. Code Regs. § 3084.6(b).

  3. 641

    15 Cal. Code Regs. §§ 3084.5(b)(3) and 3084.6(a)(1).

  4. 642

    15 Cal. Code Regs. § 3084.6(a)(2).

  5. 643

    15 Cal. Code Regs. § 3084.6(a)(4).

  6. 644

    See Woodford v. Ngo (2006) 548 U.S. 81 [126 S.Ct. 2378; 165 L.Ed.2d 368].