California Code of Regulations
Title 22 - Social Security
Division 1.8 - California Department of Aging
Chapter 5 - Title III Programs-State Hearings
Section 7716 - Decision of the Hearing Officers

Universal Citation: 22 CA Code of Regs 7716

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The hearing officer(s) shall prepare a written proposed decision which shall include findings of fact and conclusions based thereon and a recommended proposed decision to the Director. The proposed decision shall be forwarded to the Director within 10 calendar days from the close of the hearing.

(b) The Director shall review and consider the proposed decision and take one of the following actions:

(1) Adopt the proposed decision as the final decision.

(2) Modify the proposed decision as the final decision.

(3) Write a new final decision.

(4) Remand the proposed decision to the hearing officer(s).

(c) The Director shall notify the parties in writing by certified or overnight mail, return receipt requested, of the final decision within ten calendar days from the date that the proposed decision was submitted to the Director.

(d) Each final decision shall include either of the following, as appropriate:

(1) A statement that the Director's decision is final and no other administrative remedies are available.

(2) An explanation of the appellant's right pursuant to federal law and regulation to appeal the decision to the Commissioner or Assistant Secretary.

1. Renumbering of former section 8516 to new section 7716 filed 1-29-96; operative 2-28-96 (Register 96, No. 5).
2. Change without regulatory effect amending subsection (c) 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).

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