California Code of Regulations
Title 22 - Social Security
Division 2 - Department of Social Services-Department of Health Services
Part 2 - Health and Welfare Agency-Department of Health Services Regulations
Subdivision 7 - California Children's Services
Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants
Article 3 - CCS Fair Hearing
Section 42180 - Request for CCS Fair Hearing

Universal Citation: 22 CA Code of Regs 42180

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

(a) An applicant for or client of CCS whose appeal, submitted in accordance with section 42160, has been denied, may request a CCS Fair Hearing as follows:

(1) A written request shall be filed with the Director within 14 calendar days of the date of the written appeal decision. The request for CCS Fair Hearing shall be submitted with the written decision rendered in accordance with section 42160, and shall be signed by the applicant or client or legal guardian.

(2) If the Department determines that the request is not specific or that necessary information is lacking, the Department shall notify the applicant or client within 14 calendar days. The applicant or client shall be granted 14 calendar days after the date of request for information to submit the additional information.

(3) If the information requested by the CCS agency is not provided by the appellant within 14 calendar days, the Hearing Officer may defer or deny the request for a Fair Hearing.

(4) The written request for a CCS Fair Hearing may be amended by the applicant or client any time during the 14 calendar day period.

(b) All late requests for a CCS Fair Hearing shall be denied and the decisions written in accordance with section 42160 shall be final unless the applicant or client upon receiving such denial establishes with the Department, in writing, good cause for the late filing. Decisions regarding good cause shall be made by the Hearing Officer.

(c) The CCS agency shall supply a copy of the discoverable appeal documents to the Department, the Hearing Officer, and the claimant upon request.

1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior history, see Title 17, Part I, Subchapter 3, Sections 2890-2923, not consecutive.
2. Change without regulatory effect repealing article 6 heading, relocating article 3 heading from preceding section 42705 to preceding section 42180, renumbering former section 42180 to section 41770 and renumbering former section 42705 to section 42180, including amendment of section and NOTE, filed 1-28-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5).

Note: Authority cited: Sections 20, 100275(a) and 123805, Health and Safety Code. Reference: Sections 123850 and 123925, Health and Safety Code.

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