Today's Law As Amended


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SB-745 California Veterans Board.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 64 of the Military and Veterans Code is amended to read:

64.
 There shall be  is  a California Veterans Board. The board is a separate and independent entity from the Department of Veterans Affairs. 

SEC. 2.

 Section 72 of the Military and Veterans Code is amended to read:

72.
 The California Veterans Board shall independently  advise the department and secretary on policies for operations of the department. The department shall respond to all proposed policy changes offered by the California Veterans Board prior to the next scheduled meeting of the board.

SEC. 3.

 Section 86 of the Military and Veterans Code is amended to read:

86.
 (a) Any A  person deeming himself or herself  themselves  a veteran and who applies for benefits may appeal any decision made by a division of the department to the California Veterans Board. Upon receipt of the appeal, the board shall grant a  an independent  hearing, if requested, and shall render its decision in writing to the appellant not later than the second meeting of the board following the receipt of the appeal or of the hearing if one is held. In conducting the hearing, the board may, if necessary, be supported by department staff acting in an administrative or advisory capacity. The board shall be assisted by independent counsel.  An appeal shall be deemed to have been received by the board on the date of the first meeting of the board subsequent to delivery of the appeal to the executive officer of the board. Except for judicial review, the board’s decision is final and the board shall have the power to change or modify with good cause any decision that is adverse to the appellant. Except as described in subdivision (b), all hearings of appeals may be delegated by the board to the undersecretary or a deputy secretary of the department. Hearings shall be held in the department office nearest to the appellant’s home unless the appellant requests otherwise.
(b) Hearings of appeals related to the Veterans’ Farm and Home Purchase Act may be delegated by the board only to the Office of Administrative Hearings to be conducted by administrative law judges of the Office of Administrative Hearings pursuant to Chapter 4 (commencing with Section 11370) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The administrative law judges shall submit their proposed decisions to the board for final decision. The administrative law judges shall make all reasonable efforts to hold hearings at neutral locations, however, if no other facilities are available without incurring excessive costs, the hearings may be held at the department office nearest to the appellant’s home.