Current through Reg. 49, No. 38; September 20, 2024
(a) Hearings
Requested by the Division. The division may request a hearing before SOAH as
permitted by the APA, the Act, and division rules.
(b) Requests for Hearing by Other Parties.
Other Parties may file requests for hearings before SOAH as permitted by the
APA, the Act, and division rules. The request for hearing must be in writing.
The request for hearing must be filed with the Chief Clerk of
Proceedings.
(c) Date Deemed Filed
or Received. When a request for a hearing is addressed to the Chief Clerk of
Proceedings but is sent to an office other than the Chief Clerk of Proceedings,
the date filed or received shall be the date the request is received by the
division. The request for hearing will be forwarded to the division's Chief
Clerk of Proceedings, but this may result in delay of processing the request.
When a request for a hearing is not addressed to the Chief Clerk of
Proceedings, it will not be considered filed or received by the division unless
it is actually received by the Chief Clerk of Proceedings. Otherwise, a request
for a hearing is deemed filed as of the date of the division date stamp placed
on the document or other evidence of receipt.
(d) Deadlines for Filing. A request for
hearing before SOAH must be filed with the Chief Clerk of Proceedings within
the following time periods:
(1) medical fee
dispute under Labor Code §
413.031
and §
413.0312:
20 days after the conclusion of the benefit review conference under Chapter 141
of this title (concerning Dispute Resolution--Benefit Review
Conference);
(2) administrative
violation: 20 days after receipt of a notice of possible administrative
violation under Labor Code § 415.032 and §
180.8
of this title (concerning Notices of Violation; Notices of Hearing; Default
Judgments);
(3) interlocutory
order: 20 days after receipt of an interlocutory order for payment under Labor
Code §
413.055;
(4) emergency cease and desist order: not
later than the 30th day after the date the affected person receives the
order;
(5) division audit or
review: 20 days after receipt of a division refund order issued pursuant to a
division audit or review; or
(6)
requests for hearing not specified in this subsection: the time for filing a
request for hearing before SOAH is 20 days after receipt of a notice of the
action that the party is requesting a hearing on, unless specified in other
law.
(e) Requests for
Hearing Under Labor Code §
413.031
and §
413.0312.
If the request for hearing is based on Labor Code §
413.031
and §
413.0312,
the request must be in the form and manner specified by the division and must:
(1) contain a statement indicating that it is
a request for hearing;
(2) include
a copy of the findings and decision on which a hearing is being
requested;
(3) include verification
of the date of the conclusion of the Benefit Review Conference;
(4) be signed by a requestor or respondent as
defined by §
133.305 of
this title (concerning MDR--General), or its representative; and
(5) include a certificate of service
demonstrating that the request has been sent to the other party in accordance
with the requirements of §
133.307 of
this title (concerning MDR of Fee Disputes), in substance as follows: "I hereby
certify that I have on this ___ day of __________, 20 __, served a copy of the
attached instrument on (state the name of the other parties on whom a copy was
served) by (state the manner of service.)"
(f) Notice of Violation.
(1) If a person receives a notice of
violation, the person charged must file an answer not later than the 20th day
after the date of receipt of the notice. The answer must either:
(A) remit the amount of the sanction to the
division or otherwise consent to the imposed sanction; or
(B) request a hearing.
(2) If the person charged does not file an
answer to the notice of violation, the division shall schedule a hearing at
SOAH, pursuant to §
180.8(c)
of this title (concerning Notices of Violation; Notices of Hearing; Default
Judgments).
(g)
Dismissal of Late Filings. The division, or the ALJ pursuant to paragraph (3)
of this subsection, shall dismiss a request for hearing filed later than the
deadline date. This subsection does not apply to requests for hearing submitted
in response to a Notice of Violation pursuant to §
180.8
of this title.
(1) The division shall send a
letter to the requestor informing the requestor that the untimely request will
be dismissed unless the requestor provides information about timely filing or
good cause for untimely filing within 10 working days of the date of the
letter.
(2) If the requestor
responds with information about timely filing or good cause, the Chief Clerk of
Proceedings will send the request for hearing and the additional filing or good
cause information to SOAH.
(3) The
SOAH ALJ will dismiss a request for hearing that the ALJ determines to be filed
later than the deadline date without good cause.
(h) Division Delivery of Request for Hearing
to SOAH. The Chief Clerk of Proceedings shall send the request for a hearing to
SOAH within 20 working days of receipt, unless:
(1) the decision has been withdrawn under the
provisions contained in §
148.8
of this title (concerning Withdrawal of Hearing Request);
(2) the request for hearing has been
dismissed under subsection (g) of this section;
(3) the division has notified the parties of
a proposed clerical correction to the order or decision; or
(4) a party has requested a correction of
clerical error with the division.
