Grounds for appeal
Compiled text through Mar 31, 2022
Register checked through Jul 29, 2026
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
There are only three grounds upon which an applicant may base an appeal, as set forth below. An applicant must state in writing which of these grounds it is relying upon in making an appeal. The applicant must state in detail the facts which make applicable the particular ground for appeal. This statement constitutes the materials, within the meaning of section 6401.1(f) of this Part and is to be submitted in accordance with section 6401.3(d). One, two or all three grounds may be alleged. The three grounds are:
Information which an applicant made known to the council staff prior to the council's program request decision was not presented to the council and which, if presented, might have altered the council's decision.
Information which an applicant made known to the council staff prior to the council's program request decision was distorted in its presentation to the council and which, if presented fairly, might have altered the council's decision.
The two possible bases for asserting this ground are (i) the review of the program request by the appropriate advisory panel was biased; or (ii) the program request decision of the council was arbitrary and capricious.
An applicant is entitled to only one appeal for each program request.
No appeal may be taken from a decision of the council regarding an appeal.
The existence of an unresolved appeal shall not preclude an applicant from making a program request in a subsequent year.