California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 2 - Rules and Regulations of Health Care Services
Subchapter 2 - Patient's Entitlements and Responsibilities
Article 1 - Provisions of Health Care Services
Section 3999.204.5 - Appeals from or Reconsideration of Capacity Determination Orders
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Motions for Reconsideration by patients shall be legibly documented and noticed by the CDCR 7704, Penal Code 2604 Reconsideration. Patients who complete this form must submit the form to the Medication Court Administrator (MCA), who shall scan and send a copy on the same day as received to Office of Legal Affairs, CDCR (OLA), the patient's previously-appointed attorney, and to Office of Administrative Hearings (OAH).
(b) Motions for Reconsideration by the Department may be filed using a pleading form filed with OAH within 30 calendar days of the signed order for which reconsideration is being sought.
(c) If a petition is denied by an Administrative Law Judge and there exists new material information that may not be raised in a Motion for Reconsideration, the Department may elect to re-file the case and set forth the additional information.
1. New section filed 3-1-2021; operative 3-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 10).
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2604 and 5054, Penal Code.
