Cal. Code Regs. Tit. 22, § 120223 - Correction of Mistake or Clerical Error in the Decision
(a) Within 15 days after service of a copy of
the decision on the parties, the complainant or the local child support agency
may apply to the Director or the Director's designee for the correction of a
clerical error contained in the decision by submitting a writing to the State
Hearing Office that states the specific ground on which the application is
made.
(b) Upon receipt of the
application, the State Hearing Office shall serve a Notice of Application to
the other party to the proceeding. The other party shall be permitted to file a
statement supporting or opposing the application. Such a statement shall be in
writing and shall be filed with the State Hearing Office no later than 10 days
after service of the Notice of Application.
(c) The Director or the Director's designee
may:
(1) Deny the application;
(2) Grant the application and modify the
decision; or
(3) Grant the
application and set the matter for a telephonic hearing before the Director or
the Director's designee.
(d) If the Director or the Director's
designee does not act within 15 days after the date of service of the Notice of
Application on the other party, it is deemed denied.
(e) An application under this Section is not
a prerequisite for seeking judicial review and does not toll the period for
seeking a rehearing under Section
120220 or for filing a writ under
Section 1094.5 of the Code of Civil Procedure.
Notes
Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Sections 17801 and 17803, Family Code.
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