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(continued) not have insurance covering the damage or the demolition of the building;
(E) The local agency must have a signed statement from the property owner giving the local agency the right of entry and absolving the local agency and the state of any liability relative to demolition and removal;
(F) The local agency must also comply with any other applicable state or federal health and safety regulation, law, or general requirements; and,
(G) Eligibility is limited to the cost of demolishing designated buildings to the top of the foundation, removal and hauling debris to the waste-site, and back-filling of basements to a safe condition.


Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8685 and 8685.2, Government Code.







s 2940. Permanent Work.
(a) Repair and Restoration of Public Facilities
Disaster related repair or permanent restoration work is eligible for state financial assistance if the following criteria are met:
(1) The damaged facility is public real property owned or leased by the applicant agency, and in service, at the time of the disaster. This restriction does not apply to a facility temporarily removed from service due to repair, maintenance, restoration, or reconstruction activities;

(2) The repair or restoration of the damaged facility is determined to be in the general public interest;
(3) The repair or restoration work must be of a permanent nature, in accordance with current codes, specifications, and standards;
(4) Reimbursement for the repair or restoration of eligible public facilities shall be based on the design of the facilities as they existed immediately prior to the disaster, and in conformity with current codes, specifications, and standards. Any costs associated with betterment of the facility must be contributed by the local agency; and,
(5) Prior to completing any betterments to a facility for which state funds have been authorized for repair or restoration under this chapter, the applicant shall submit a written request to the director, or his/her designee, which details the additional work to be completed.
(b) Replacement of Public Facilities
The director will approve funding for the replacement of a public facility, provided the following criteria are met:

(1) The costs to repair disaster damages to the public facility exceed fifty percent (50%) of the total cost of constructing a replacement facility and it is not feasible to repair the damaged facility; or,
(2) The damaged facility cannot be restored or repaired in such a manner that the facility can perform the function for which it was being used immediately prior to the disaster;
(3) If the director authorizes replacement of a public facility, the local agency may increase the square footage of the facility replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency;
(4) Funding for a public facility which is replaced through a grant of state assistance shall be based on the cost to replace the predisaster capacity of the predisaster facility, with allowances for current codes, standards, and specifications; and,
(5) Prior to completing any betterments to a facility for which state funds have been authorized for replacement under this chapter, the applicant shall submit a written request to the director, or his/her designee, which details the additional work to be completed.


Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8685 and 8686.4, Government Code.







s 2945. Streets, Roads, and Bridges.
(a) General Eligibility
Existing streets, roads, and bridges, maintained with Highway Users Tax Funds by an eligible applicant, are eligible for permanent repair or replacement.
(b) Limitations of Eligibility
(1) Permanent restoration of damaged or destroyed facilities will be on the basis of the design of such facility as it existed immediately prior to the disaster, in conformity with current codes, specifications, and standards to accommodate present day traffic; and,
(2) If no standards are applicable, repair or replacement shall be limited to the costs of returning the facility to predisaster condition based on the existing design. If damages to a facility are not extensive and a facility is economically repairable, repairs only will be approved.
(c) Criteria for Roads and Streets
(1) Hard road surfacing damaged to an extent as to make patching impractical may be replaced to its predisaster condition to provide an all-weather road to permit normal flow of traffic;
(2) Roads and streets in urban areas where necessary repairs are required from curb to curb are eligible;
(3) Items such as manholes and curbs damaged by the disaster are eligible;
(4) Public sidewalks are eligible for repair or replacement if they are within the right-of-way and are the responsibility of the local agency;

(5) Repairs to alleys which provide an essential service and are the responsibility of the local agency are eligible;
(6) Repair or replacement of traffic control signs and signal lights are eligible;
(7) Gravel and unimproved roads subject to width limitations are eligible providing the repairs do not constitute an improvement over their predisaster condition; and,
(8) Shoulders and embankments are eligible for repair or replacement.
(d) Criteria for Bridges and Crossings
(1) Construction of bridges and crossings will follow the local agency's current standard of design. Estimates will be prepared on a state DSR (OES 90, Rev. 1/03, incorporated by reference) with a Bridge Survey completed as an attachment;
(2) Publicly owned water and sewer lines or utility services carried by an existing bridge which has been damaged or destroyed are eligible. The scope of proposed work and estimated cost shall be shown separately on a state DSR (OES 90, Rev. 1/03, incorporated by reference);
(3) Where an essential bridge has been destroyed or damaged to an extent that repairs are not technically or economically feasible, the inspector may recommend an alternate method of replacement. If it can be shown that current codes, specifications, and standards are being met and no greater costs are involved, the applicant may construct a culvert or low-water crossing at the original location or alternate site. If an alternate site is chosen, the cost of acquisition of real estate or right-of-way for relocation purposes must be borne by the applicant; and,
(4) Bridges (including foot bridges) not owned by and not the direct responsibility of the local agency are ineligible.
(e) Criteria for Culverts and Low-Water Crossings
(1) Capacity of a replacement culvert will be based on the predisaster design, in conformity with present-day standards; and,
(2) The cost of replacing a damaged or destroyed culvert or crossing with one that will more adequately serve the present and future public needs may be authorized, but the cost of the betterment, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility is the responsibility of the local agency. Estimates will be made on the basis of the design of the facility as it existed immediately prior to the disaster, in conformity with current codes, specifications, and standards.


Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8685 and 8686.6, Government Code.







s 2950. Dikes, Levees and Flood Control Works.
(a) General Eligibility
Flood control, drainage, irrigation works, pumping stations, and facilities which are operated or maintained by an eligible applicant and which do not come within the provisions of another statutory authority are eligible for permanent repair, restoration, or replacement.
(b) Limitations of Eligibility
(1) Earth filled dikes and levees shall be limited to the previously existing elevation and general cross-section. Finish shall not exceed rough grading. Rip rap eligibility will be limited to replacement; however, the placement of additional rip rap may be allowed if justified by an immediate threat to the location under repair, as an emergency measure;
(2) Appurtenant essential structures are eligible if consistent with the purpose for which the repairs are intended. An impervious core is eligible if definitely required and justified;
(3) Repairs may also include restoration of cutoff walls or closure structures. Repair of erosion damage which was a direct result of the ongoing disaster may be made to the extent necessary to ensure structural integrity of the dike or levee; and
(4) Repair or restoration of the roadway along the top of the structure required to provide access for maintenance and flood control operations will not exceed that which previously existed.
(c) Criteria for Drainage Ditches and Canals
(1) Restoration or repair of drainage ditches and canals which were damaged or destroyed as a result of the disaster, when the responsibility of the local agency, are eligible.
(d) Criteria for Irrigation Works and Facilities
(1) Permanent repair, restoration, or replacement of irrigation works and facilities shall be limited to the reconstruction necessary to restore the facility to its predisaster condition, in accordance with current codes, specifications, and standards. Finish generally shall not exceed rough grading. Rip rap or other protective measures may be included only when justified by threat of immediate erosion damage. Appurtenant essential structures such as drops, checks, siphons, and flumes shall be constructed of appropriate materials consistent with the purpose for which the structures are intended;
(2) Essential buildings pertinent to the operation of the irrigation facilities are eligible under the standards outlined in section 2955 of these regulations; and,
(3) When it is not feasible to reconstruct or repair damaged facilities in their predisaster location, or when savings can be realized by relocation, replacement facilities may be constructed at alternate locations. If an alternate site is chosen, the cost of acquiring real estate or rights-of-way is the responsibility of the applicant.


Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8680.4, and 8686.4, Government Code.







s 2955. Public Buildings.
(a) General Eligibility
Existing local agency buildings, except inactive or abandoned facilities, maintained by an eligible applicant are eligible for state assistance for permanent repair or replacement costs. This restriction does not apply to facilities that are temporarily removed from service for repairs or maintenance.
(b) Limitations of Eligibility
Permanent restoration or repair eligibility for a damaged or destroyed public facility will be on the basis of design of such facility as it existed immediately prior to the disaster, in conformity with current codes, specifications, and standards. The extent of reimbursement shall be controlled by the facility's use and the function it performs for the community. The following information is furnished for guidance:
(1) Damage to the exterior of a building shall be repaired with like materials unless less expensive material is available;
(2) Nonstructural and fixed equipment, such as floors, walls and ceilings, doors and windows, and roofing, is eligible for repair when damaged;
(3) Mechanical and electrical equipment, heating systems, plumbing fixtures, and air conditioning systems are eligible for repair or replacement to the extent of returning the facility to its predisaster condition. Air conditioning will not be approved where it did not exist prior to the disaster event, unless required by current codes, specifications, and standards;
(4) Fixed appliances, dishwashers, garbage disposals, water heaters, light fixtures, and sump pumps plumbed into the structure are considered as a part of the structure and if damaged or destroyed are eligible for repair or replacement;
(5) Electrical wiring, plumbing and utilities, if damaged as a result of the disaster, shall be repaired to conform to local codes;
(6) Replacement of a building may be eligible when a determination has been reached that it would not be economically or technically feasible to make repairs. A suitable replacement structure equal in functional requirements to the facility damaged or destroyed, conforming to current codes, specifications, and standards, may be authorized. In such instances, adequate justification will be detailed in the state DSR (OES 90, Rev. 1/03, incorporated by reference), including comparable cost estimates. The inspector shall ascertain if the entire destroyed facility was being utilized by the applicant prior to the disaster and make appropriate comments on the state DSR (OES 90, Rev. 1/03, incorporated by reference). Functional requirements for the new structure shall take precedence over any design factors;
(7) The state cost estimate for the replacement facility will be based on the floor area of the original building, except in those instances where local codes require a specific footage or area per person; and then only to the extent of the capacity originally intended in the original structure;
(8) Relocation from the original site may, in some instances, be more advantageous and economical. In such cases, the acquisition costs of land, easements or rights-of-way is the responsibility of the local agency; and,
(9) Increased capacity and added operating features are betterments and will be borne by the local agency. Construction materials shall be those types required consistent with the location, usage, and function of the replacement. Long-term maintenance expenses are not considered a controlling factor.


Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8685 and 8686.4, Government Code.







s 2960. Utilities.
(a) General Eligibility
Utilities include but are not limited to such services as water, power, and sewage facilities.
(b) Limitations of Eligibility
(1) Repair or replacement of public utilities shall be limited to work necessary to permit a safe resumption of service, in accordance with current codes, specifications, and standards;

(2) By-passing, cleaning, or demolition, when required in making permanent repairs, may be considered but only to the extent that it relates to the permanent repair; and,
(3) Repair or replacement of public utility distribution systems shall be of the same general type of materials as previously existed. If more economical and satisfactory alternate materials which meet current codes, specifications, and standards are available, they shall be used. Essential buildings and related equipment appurtenant to the operation which are classed as real property which were damaged or destroyed as a result of the disaster are eligible.


Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8680.4 and 8685, Government Code.







s 2965. Other Projects.
Certain other items, such as repairs to or the replacement of parks or other recreation facilities, district roads and access facilities, or costs associated with temporary facilities, may be eligible for state assistance, subject to the repair or replacement criteria referenced above. Other eligible costs may include any assistance deemed necessary by the director as stated in writing explaining the basis for the finding of necessity.


Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8680.4 and 8685, Government Code.







s 2970. Application Process.
(a) Basic Procedures:
(1) To be eligible for assistance under the Act, a city, county or city and county must proclaim a local emergency within ten (10) days of the actual occurrence of a disaster and the proclamation must be acceptable to the director, or the Governor must make a State of Emergency Proclamation. When a county has proclaimed a local emergency based upon conditions which include both incorporated and unincorporated territory of the county, it is not necessary for the cities to also proclaim the existence of a local emergency independently;

(2) The city, county or city and county shall provide the director written notification of a proclamation of local emergency and request for a director's concurrence or State of Emergency proclamation within ten (10) days of the actual occurrence of a disaster. Upon receipt of the city, county or city and county's notification, the director shall issue either (A) approval or denial of the director's concurrence or recommendation that the Governor proclaim a state of emergency, or (B) written notification to the affected city, county or city and county indicating the approximate timeframe for rendering a recommendation. A Preliminary Damage Assessment (PDA) may be scheduled with the affected local agency to obtain additional information. If it is determined that state assistance will be provided, the affected local agency will be notified by the director of such assistance as well as the application procedures;
(3) The director, or his/her designee, shall notify the affected city, county or city and county of the incident period beginning and end dates;
(4) A local agency must submit a Project Application (OES 126, Rev. 1/03, incorporated by reference) to OES within sixty (60) days after the date of a local proclamation. The director or his/her designee may extend this deadline only for unusual or extraordinary circumstances. When filing an application for assistance, an applicant must attach a List of Projects (OES 95, Rev. 7/01, incorporated by reference). Formats other than the OES 95 may be substituted if they contain the required information. Prior to application approval by the state, an applicant shall also submit or have on file a resolution designating an authorized representative. In the event of a federal declaration of a major disaster or emergency, the submittal of a federal Request for Public Assistance (FEMA 90-49, Rev. 9/98, incorporated by reference) within the specified federal application period, will meet the state application requirement;
(5) After receipt of the application and a list of projects, OES will, if necessary, schedule an on-site review of all submitted items, which will be singly detailed on separate DSRs (OES 90s, Rev. 1/03, incorporated by reference). Under normal circumstances, the state will complete DSRs (OES 90s, Rev. 1/03, incorporated by reference) with cost estimates for an applicant agency within sixty (60) days from the date of the local agency application. When a public facility, damaged in a prior disaster event, has not been completely repaired or restored at the time of a subsequent disaster event, the total damage and scope of work for both disasters, excluding the prior disaster work already completed, will be detailed on a DSR. In addition, a separate DSR will be prepared to deobligate any unexpended funds previously provided for the incomplete portion of work;
(6) Upon approval of eligible costs, OES will send copies of the state DSRs (OES 90s, Rev. 1/03, incorporated by reference) and a computerized summary of all approved costs to the applicant's authorized representative for review and approval. OES will send the completed application to the applicant's designated authorized representative for review and approval with an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference);
(7) Upon receipt of an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference), OES will process an allocation for the state share of approved costs through the State Controller's Office. An authorized representative's signature on the approval form allows the state to process an allocation of funds. An applicant does not forfeit the right to a fair hearing or an appeal, by signing the Applicant Approval Form;
(8) If the Governor proclaims a state of emergency or a catastrophic failure due to excessive damage to Federal Aid System (FAS) Roads, the Governor may request emergency funds pursuant to section 125 of title 23 of the U.S. Codes. Upon concurrence of a natural disaster or catastrophic failure by the Federal Highway Administration (FHWA), an Emergency Relief (ER) program will be administered by the California Department of Transportation (CALTRANS);
(9) All projects in the local agency application under the Act on FAS roads, which are to be financed in whole or in part from federal ER funds under an approved ER program, shall be transferred to and administered by CALTRANS in accordance with FHWA policy and procedures unless retained and administered by OES. A separate local agency-CAL TRANS state agreement will be entered into covering those ER projects that are transferred;
(10) CALTRANS, by agreement with OES, will be given authority to work directly with local agencies on projects that are transferred when ER funds are involved. CALTRANS will remit to the local agencies any and all amounts due them from the share of costs assessable against federal ER funds; and,
(11) When all work is satisfactorily completed and the agreement is administratively closed, CALTRANS will provide all final documentation and the closing date of the agreement to OES. This will allow OES and CALTRANS to make a final settlement with local agencies on the approved and accepted projects relating to FAS routes, non-FAS routes and other public facilities restored or replaced under the Act.
(b) Special Procedures for School Districts:
(1) Upon implementation of the Act, OES will notify the Superintendent of Public Instruction of the availability of state financial assistance, providing copies of eligibility guidelines and instructions and forms, for distribution to affected school districts;
(2) An affected school district must submit a Project Application (OES 126, Rev. 1/03, incorporated by reference) , to the Superintendent, within sixty (60) days from the date of the local proclamation. The director, or his/her designee, may extend this deadline only for unusual circumstances. When filing an application for assistance, an applicant must attach a separate List of Projects (OES 95, Rev. 7/01, incorporated by reference) for each affected school within the district. Formats other than the OES 95 may be substituted if they contain the required information. Prior to funding authorization, an applicant school district must also submit or have on file a resolution designating an authorized representative;
(3) After the review and approval of the application for assistance, the Superintendent will forward the original Project Application (OES 126, Rev. 1/03, incorporated by reference), list of projects, and any other supporting documentation to the director for processing by OES;
(4) After receipt of the application and a list of projects, OES will, if necessary, schedule an on-site review of all submitted items, which will be singly detailed on separate DSRs (OES 90s, Rev. 1/03, incorporated by reference). Under normal circumstances, the state will complete DSRs (OES 90s, Rev. 1/03, incorporated by reference) with cost estimates for an applicant agency within sixty (60) days from the date of the local agency application;
(5) The completed application will also include a computerized summary of all approved costs by line item. OES will send the completed application to the applicant's designated authorized representative for review and approval with an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference);
(6) Upon receipt of an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference), OES will process an allocation for the state share of approved costs through the State Controller's Office. An authorized representative's signature on the approval form allows the state to process an allocation of funds. An applicant does not forfeit the right to a fair hearing or an appeal, by signing an Applicant Approval Form (CDAA Form 3a, Rev. 1/03, incorporated by reference); and,
(7) Funds paid against approved claims will be disbursed to the appropriate County Office of Education. All school district applicants are required to comply with the provisions of the U.S. Department of Education, when federal school disaster assistance programs are implemented in accordance with Public Laws 81-815 and 81-874.
(c) Time Limitations for Work Completion:
(1) In the event of a director's concurrence with a local proclamation or a state of emergency proclamation involving no federal assistance, the deadlines shown below are set from the date of the local proclamation and apply to all projects. Applicants receiving federal major disaster or emergency assistance are expected to comply with federal regulations, which establish deadlines according to the date that a major disaster or emergency is declared;
(2) Completion deadlines:



TYPE MONTHS
Debris clearance 6
Emergency work 6
Permanent work 18


(3) The director may impose less stringent deadlines for work completion, if considered appropriate; or
(4) The director may extend work completion deadlines for extenuating circumstances or unusual project requirements beyond the control of an applicant. Requests for time extensions, with appropriate justification, shall be submitted by an applicant as soon as it becomes apparent that the applicable deadline cannot be met.
(d) Supplements:
(1) During the performance of approved work, an applicant may discover that actual project costs exceed the approved DSR estimate. A supplement should be requested:

(A) When there is a change in the scope or method of performing approved work; or,
(B) When it is discovered that there is a substantial cost overrun to perform approved work.
(2) An applicant may submit a supplement request for a substantial cost overrun, in letter form, to OES in a timely manner and, whenever possible, prior to the completion of the work in question. The request shall contain sufficient documentation to support the eligibility of all claimed work and costs. However, cost overruns may also be addressed at the time of Final Inspection;
(3) Requests for a change in project scope must be filed, in writing, prior to work commencement and shall contain sufficient documentation to support the eligibility of all additional proposed work and costs; and,
(4) OES shall formally notify the applicant of the determination. Approved supplements are processed in the same manner described above for a project application.
(e) State Share:
For any eligible project, the state share shall amount to no more than 75 percent of the total state eligible costs unless the local match is waived by either the director in accordance with section 8687.2 of the Government Code or by amendment to the Code. The state shall make no allocation for any project application resulting in a state share of less than two-thousand five-hundred dollars ($2,500). This provision shall not apply to those project applications which result in a state share of $2,500 or greater and are subsequently reduced.
(f) Advances:
(1) Funds may be advanced for up to ninety percent (90%) of an applicant's approved allocation. Requests for advances should be made using a Request for Advance of Funds (CDAA Form 3a, Rev. 1/03, incorporated by reference). No request for an advance will be processed prior to OES's receipt of a resolution designating an authorized representative. Advances shall be provided to applicants in order to meet current obligations and anticipated expenditures for a ninety (90) day period. The state reserves the right to request documentation justifying large advances.

(2) As a requirement of this program, an applicant must establish a special fund or account for the deposit of any state funds received. Under no circumstances should expenditures be made from this fund/account for non-approved disaster related items. Furthermore, all expenditures drawn on this account must be applied toward damages sustained from the specified disaster for which funds were advanced. Any interest earned from state funds is the property of the state and must be refunded.
(g) Loans and Deferred Payments:
(1) The director may loan money to a local agency, if in the director's opinion, the local agency is currently unable to meet its financial obligations under the Act.
(2) Money may be loaned to a local agency for purposes of ensuring that the local agency is able to meet its local share matching requirements; for the repair or replacement of a public facility, or, for any other purpose which the director considers a loan of money, necessary and appropriate.
(3) The loan agreement executed between the director and the local agency must comply with the State Contract Act and will provide for repayment of the principle and interest within ten years from the date of execution of the agreement. Interest will be estimated at an amount equal to the revenue which the state would have derived by investing the total loan amount, at the interest rate prevailing for legal state investments, on the date the loan is made.


Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8680.5, 8682.8, 8685, 8685.2, 8685.4, 8685.6, 8685.8, 8686, 8686.1 and 8686.8, Government Code.







s 2980. Final Claim Process.
(a) Forms:
After completing all approved work items, a local agency must file a final claim with OES. Final claim documents shall be completed and submitted within sixty (60) days of the completion of all eligible work items. Final claim documents are as follows:

Disaster Type Final Claim Form
State-only under a CDAA Project Summary (CDAA 4)

director's concurrence with Project Summary Certification of
a local emergency or Documentation (CDAA Form 4a,
Governor's state of rev. 1/03, incorporated by reference)
emergency proclamation
and cost-share with
federal programs other than
FEMA
Cost share with FEMA Federal Project Listing (P.4)
disaster or emergency


(b) Claimed Costs:
When preparing a claim, all eligible items approved in the application must be included, even though the total amount expended may exceed the amount approved by OES. Substantial cost overruns in excess of the approved application amount shall be submitted to OES for approval prior to filing a final claim.
(c) Final Inspections:
(1) All costs and work items included in an applicant's claim are subject to final review and inspection by the state. OES or a state agency, assigned by OES, as authorized under section 8685.4 of the Code, may perform an on-site review of any or all completed work items. All supporting claim documentation must be at one specific location to facilitate inspection and audit processes. Inspectors shall have access to original source documentation at the time of final inspection; and,
(2) Final supplements to approved applications will cover cost over-runs and under-runs.
(d) Audits: The director shall conduct audits and investigations as necessary to ensure compliance with these regulations and, in connection therewith, may question such persons as may be necessary to carry out such audits and investigations. In order to make audits, examinations, excerpts and transcripts, Federal and State auditors, and the director, or their duly authorized representatives, shall have the right of access to any books, documents, papers, or other records which are pertinent to any activity undertaken or funded under these regulations. The rights of access shall last as long as the records are retained if retention exceeds what is required under these regulations.
(e) Retention Requirements for Records: The director will notify each applicant of the starting date of the retention period. The applicant shall retain all financial and program records, supporting documents, statistical records, and other records reasonably considered as pertinent to program regulations, or the grant agreement, for three years from the starting date of the retention period.
(f) Original Source Documentation: Microfilm, microfiche, or other representations of original source documents may be accepted in lieu of original source documents, if the local agency provides to OES an independent or internal auditor's report attesting to the accuracy of the alternate forms of original source documents.
(g) Final Funding Determination: Any funds owed to an applicant by the state shall be paid after final determination of eligible costs by OES, upon review of the final inspection report or audit. OES shall invoice applicants for funds owed to the state.


Note: Authority cited: Section 8682.9, Government Code. Reference: Sections 8682.8, 8683, 8685.4 and 8690.6, Government Code.







s 2990. Fair Hearing Process.
In the event of a dispute or grievance between the local agency and the state concerning the application, the following administrative procedures shall be followed by both parties, prior to either party seeking judicial review:
(a) Level One:
The local agency shall first discuss the grievance with the field representative assigned by the OES Disaster Assistance Division. If the grievance cannot be resolved at this stage, the local agency shall direct the grievance, together with any information in writing, to the deputy director, OES Disaster Assistance Division or his/her designee, within sixty (60) working days of receipt of notification of the issue to be grieved, unless this deadline is extended by OES. The grievance must state the issues in the dispute, the legal authority, or other basis for the local agency's position, and the remedy sought. The deputy director, OES Disaster Assistance Division or his/her designee, shall make a determination on the grievance within sixty (60) working days after receipt of the written communication from the local agency. The deputy director, OES Disaster Assistance Division or his/her designee, shall respond in writing to the local agency indicating the decision reached and the reasons therefor. Should the local agency disagree with this decision, the local agency may appeal to the second level.
(b) Level Two:
The local agency shall prepare a letter indicating why the deputy director of OES' Disaster Assistance Division's or his/her designee's decision is unacceptable, attaching to it the local agency's original statement of the dispute with supporting documents, together with a copy of the deputy director of OES' Disaster Assistance Division's or his/her designee's response. This letter shall be sent to the director of OES within sixty (60) working days from receipt of the deputy director of OES' Disaster Assistance Division's or his/her designee's decision, unless this deadline is extended. Based upon a request from the local agency, the director of OES may meet with the local agency representatives to review the grievance and the issues raised. The director of OES shall issue a written decision to the local agency within sixty (60) working days of receipt of the local agency's letter. This written decision shall be deemed a final judgment for purposes of this Fair Hearing Process.


Note: Authority cited: Section 8682.9, Government Code. Reference: Natural Disaster Assistance Act, Chapter 7.5, Division 1, Title 2 (Section 8680 et seq.), Government Code.