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 42402 - Conduct of CCS Fair Hearing
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Testimony shall be taken only on oath or affirmation.
(b) The proceedings at the CCS Fair Hearing shall be electronically recorded.
(c) The Fair Hearing need not be conducted according to the technical rules of evidence and those related to witnesses. Any relevant evidence shall be admitted. Hearsay evidence shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
(d) The Hearing Officer may question any party or witness and may admit any relevant and material evidence.
(e) The Hearing Officer shall control the taking of evidence in a manner best suited for learning the facts and safeguarding the rights of the parties. Prior to taking evidence, the Hearing Officer shall set forth the order in which evidence will be received.
(f) The applicant or client shall present his or her findings and evidence at the hearing. The applicant or client has the responsibility of demonstrating that the appeal findings were not correctly made. Once the applicant or client has presented his or her case, the responsibility shifts to the Department to demonstrate that the Department's position regarding disputed issues is correct.
(g) The hearing shall be conducted in the English language. If a party to the hearing is not proficient in the English language and requests language assistance, the Hearing Officer shall require the Department to provide an interpreter.
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 renumbering former
section 42402 to section
42120 and renumbering former
section 42713 to section 42402, including
amendment of 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; and Section 11181, Government Code. Reference: Sections 123805 and 123850, Health and Safety Code.
