Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within 5 calendar days of receipt of a
request for a hearing, the Director shall review the request and take one of
the following actions:
(1) Grant the request,
if the appellant has followed all procedures and the Director has determined
the issue is one of those specified in section
7704, and appoint one of the
following to preside over the hearing:
(A) An
external hearing officer when the appellant is appealing an adverse
determination by the Department.
(B) A departmental hearing officer(s) when
the appellant is appealing an adverse determination by an
AAA.
(2) Deny the request
if the appellant has not followed all procedures or the Director has determined
that the issue is not one of those specified in section
7704. A written denial explaining
the reasons for the action shall be mailed to the
appellant.
(b) The
granting of a hearing shall not stay the effective date of the proposed adverse
determination until a final decision is rendered, unless either of the
following circumstances exist:
(1) Federal
law or regulation requires that the action be stayed.
(2) The Department, based upon the particular
situation determines that a stay is warranted. In making its determination, the
Department shall consider such factors as the reasons for the adverse
determination and the effect of the adverse determination on the provision of
services to older individuals residing in the PSA.
(c) The hearing officer, in conjunction with
the Department shall:
(1) Unless a later date
is mutually agreed upon by all parties, schedule the hearing for no later than
either of the following:
(A) Ten calendar days
from the date the request for a hearing is granted by the Director, when there
is an immediate threat to the public's health, safety or general
welfare.
(B) Twenty calendar days
from the date the request for a hearing is granted by the Director, when there
is no immediate threat to the public's health, safety or general
welfare.
(2) Provide
written notice of the hearing via fax, followed by a mailed original, or
certified or overnight mail, return receipt requested, to the appellant and the
respondent. The notice of hearing shall specify the location, date, and time of
the hearing.
1. Renumbering
and amendment of former section
8512 to new section 7712 filed
1-29-96; operative 2-28-96 (Register 96, No. 5).
2. Change without
regulatory effect amending subsection (c)(2) filed 10-28-96 pursuant to section
100, title 1, California Code of
Regulations (Register 96, No. 44).
3. Change without regulatory
effect amending NOTE filed 2-10-98 pursuant to section
100, title 1, California Code of
Regulations (Register 98, No. 7).
Note: Authority cited: Sections
9102
and
9105,
Welfare and Institutions Code. Reference:
42 U.S.C.
3025(b)(5)(C) and
3027(a)(5); and
45 CFR
1321.29(c) and
1321.35(a).
