Formal Appeal Procedures

File a written notice of appeal with the Executive Officer of EAAP via mail or fax (916.445.7626).

The following information should be included in the request:

  • LEA name
  • Fiscal year audited
  • Statement that the LEA is requesting a formal appeal of the finding(s)
  • Finding number(s) for which an appeal is requested

The law provides that a hearing shall be held in each appeal to the Panel, and that the Panel shall consider appeals pursuant to the provisions of the Administrative Procedure Act. Upon receipt of the notice of appeal, the Panel typically refers the appeal to the Office of Administrative Hearings, which designates an administrative law judge. After conducting a hearing and considering evidence, the administrative law judge proposes a decision for the Panel’s consideration. The Panel may adopt the decision as proposed, adopt it with limited modifications, reject it and decide the case itself based on the administrative record, or remand it to the administrative law judge for taking further evidence.

If the Panel determines that the appealing LEA is correct in its assertion of error with regard to an audit finding, the agency is freed of its obligation to repay the penalty or apportioned funding associated with the finding. If the Panel finds there was substantial compliance, it may waive or reduce the payment otherwise required and may also order other remedial measures sufficient to induce full compliance in the future. The decision of the Panel will be posted to EAAP’s website and sent by certified mail to all parties to the case. Note that any party to an appeal may seek review in the courts.