California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 12 - Administrative Review, Mediation, Fair Hearing and Discrimination Complaint Procedures
Article 2 - Fair Hearings
Section 7355 - Fair Hearing Procedures

Universal Citation: 9 CA Code of Regs 7355

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

(a) The appellant may appear alone, with the authorized representative, or be represented by the authorized representative.

(b) The Department shall be represented at the hearing by the employee who made the original decision and/or the Administrative Review Officer, or the Rehabilitation Supervisor to whom the review was delegated.

(c) The appellant and/or the authorized representative and the Department representatives shall have an opportunity to:

(1) Present evidence, information, and witnesses to the impartial hearing officer.
(A) If written evidence is presented at the hearing, three (3) copies shall be presented to the impartial hearing officer by the introducing party.

(2) Be represented by counsel or other appropriate advocate.

(3) Examine all witnesses and other relevant sources of information and evidence.

(d) All persons testifying shall be placed under oath or affirmation.

(e) The impartial hearing officer shall send a notice by certified mail, to inform any appellant or authorized representative who has failed to appear at a hearing, that he or she has 14 days from the date the notice was mailed to submit a written request for another appearance before the impartial hearing officer. The hearing shall be rescheduled only if the appellant or authorized representative shows good cause for his or her failure to appear.

(f) The impartial hearing officer shall dismiss an appeal if any condition specified below exists. The appellant or authorized representative has failed to:

(1) Respond within the time period specified in (e) to request a rescheduled hearing.

(2) Show good cause for the failure to appear at a hearing.

(3) File a timely request for fair hearing as specified in Sections 7353(f) and 7354(a).

(4) Raise an issue within the jurisdiction of the impartial hearing officer.

1. Amendment of section filed 9-19-91; operative 10-21-91 (Register 91, No. 52).
2. Amendment of subsection (n) and NOTE filed 12-1-93 as an emergency; operative 12-1-93 (Register 93, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-30-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-1-93 order transmitted to OAL 3-15-94 and filed 4-19-94 (Register 94, No. 16).
4. Amendment of subsections (d) and (g)(1), new subsection (g)(1)(A), redesignation of former subsections (j)(A)-(C) as (j)(1)-(3), new subsection (k)(1), and amendment of NOTE filed 2-10-99; operative 3-12-99 (Register 99, No. 7).
5. Amendment of section heading, section and NOTE filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.
6. Amendment of section heading, section and NOTE refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-17-2013 order transmitted to OAL 1-29-2013 and filed 3-5-2013 (Register 2013, No. 10).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code; Section 35, Chapter 937, Statutes of 1993. Reference: 34 CFR Section 361.57; and Sections 19704, 19705 and 19708, Welfare and Institutions Code.

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