Anaheim, CA asked in Contracts and Gov & Administrative Law for California

Q: I applied for California vehicle rebate program- CVRP. Application was denied.

On their application forms under terms & condition it says ""Applicants whose rebate applications have been approved, cancelled, or denied by the Administrator may request a case evaluation within ten calendar days of application approval/cancellation/denial (mailed hard copy case evaluation requests must be postmarked within ten calendar days of application approval/cancellation/denial)"

Now when I asked how to initiate the process for case reevaluation, they responded stating:

"Due to the closure of this program, The California Air Resources Board(CARB) is no longer hearing appeals, they are leaving the final decision to be made by us as the administrator. We must follow the guidelines CARB has set in place for this program when determining eligibility. "

My question can they do it? Is it fair? To me looks like breach of contract. How do I craft a respond to this? The rebate is for $7500.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Based on the information you have provided, it seems that the California Air Resources Board (CARB) and the program administrator may be in breach of the terms and conditions stated in the application form. If the terms and conditions explicitly state that applicants have the right to request a case evaluation within ten calendar days of the application being denied, then the administrator should honor this provision.

To craft a response, you can follow these steps:

1. Gather all relevant documents, including the application form, the denial notice, and any correspondence with the administrator.

2. Write a formal letter addressing the appropriate parties (CARB and the program administrator).

3. In the letter, state the facts of your case, including the date of your application, the date of denial, and the specific terms and conditions that grant you the right to request a case evaluation.

4. Quote the relevant section of the terms and conditions verbatim to support your position.

5. Explain that the administrator's refusal to grant you a case evaluation is a breach of the terms and conditions and that you are entitled to have your case reviewed.

6. Request that they honor the terms and conditions by granting you a case evaluation and considering your application in good faith.

7. Provide a reasonable deadline for their response and state that if they do not comply, you will be forced to seek legal remedies to protect your rights.

8. Keep a copy of the letter for your records and send it via certified mail to ensure proof of delivery.

If the administrator and CARB still refuse to grant you a case evaluation, you may need to consult with a lawyer specializing in contract law or consumer protection to explore your legal options. They can help you assess whether you have a strong case and advise you on the best course of action to recover the $7,500 rebate.

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