Section 10330. Appeals.

• (a) Availability. An applicant shall not appeal the Committee staff evaluation of another applicant’s application. An appeal may only be filed under the following circumstances:

  • (1) determination of the application point score;

  • (2) disqualification from participation in the program under Section 10325(c);

  • (3) disqualification of an incomplete application under Section 10322;

  • (4) qualification for “additional threshold requirements,” pursuant to Section 10325(g);

  • (5) determination of the Credit amount under Section 10327;

  • (6) forfeiture of a performance deposit under Section 10335(e);

  • (7) negative points assigned by the Executive Director under Section 10325(c)(2);

  • (8) a fine imposed under Section 10337(f); and

  • (9) denial of rent increase limit waiver under Section 10336(a)(2).

• (b) (1) Procedure for appeals of items (a)(1) through (5). An appeal related to an application must be submitted in writing and received by CTCAC staff no later than five (5) calendar days following the transmittal date of the staff’s point or disqualification letter. The appeal shall identify the applicant's grounds for the appeal and be based upon previously submitted application materials except as permitted under Section 10322(e).

Staff will respond in writing to the appeal letter within five (5) calendar days after receipt of the appeal letter. If the applicant wishes to appeal the staff response, the applicant may appeal in writing to the Executive Director no later than five (5) calendar days following the transmittal date of the staff response letter. The Executive Director will respond in writing within ten (10) calendar days after receipt of the appeal letter. If the applicant wishes to appeal the Executive Director’s decision, a final appeal may be submitted to the Committee no more than five (5) calendar days following the transmittal date of the Executive Director’s letter. An appeal to the Committee must be accompanied by a five hundred dollar ($500) non-refundable fee payment payable to CTCAC. No Committee appeals will be addressed without this payment. The appeal review shall be based upon the existing documentation

92

Regulations Section 10330 - 10335

submitted by the applicant when the application was filed, except as provided under Section 10322(e). Any appeal or response due on a weekend or holiday shall be deemed to be due on the following business day.

• (2) Procedure for appeals of items (a)(6) through (9). An appeal must be submitted in writing and received by the Executive Director no later than fourteen (14) calendar days following the transmittal of a negative point or fine letter, unless the Executive Director grants an extension which shall not exceed fourteen (14) additional days. The appeal shall identify specifically the appellant’s ground for the appeal. The Executive Director will respond in writing no more than ten (10) calendar days after receipt of the appeal, unless the appellant requests an extension to accommodate a meeting with the Executive Director. If the appellant wishes to appeal the Executive Director’s decision, a final appeal may be submitted to the Committee no more than seven (7) calendar days following the date of receipt of the Executive Director’s letter. An appeal to the Committee must be accompanied by a five hundred dollar ($500) non-refundable fee payment payable to CTCAC. No Committee appeals will be addressed without this payment.

Note: Authority cited: Section 50199.17, Health and Safety Code; Sections 12206, 17058 and 23610.5, Revenue and Taxation Code.

Reference: Sections 12206, 17058 and 23610.5, Revenue and Taxation Code; and Sections 50199.4, 50199.5, 50199.6, 50199.7, 50199.8, 50199.9, 50199.10, 50199.11, 50199.12, 50199.13, 50199.14, 50199.15, 50199.16, 50199.17, 50199.18, 50199.20, 50199.21 and 50199.22, Health and Safety Code.