Cal. Code Regs. Tit. 22, § 51032 - Discovery
(a) After the
acceptance of the Statement of Disputed Issues, a party, upon written request
made to another party, prior to the hearing and within thirty (30) calendar
days after receipt of the Notice of Acceptance of the Statement of Disputed
Issues or within fifteen (15) calendar days after the receipt of the Notice of
Acceptance of an amended Statement of Disputed Issues or issuance of a Report
of Findings, is entitled to:
(1) Obtain the
names and addresses of witnesses to the extent known to the other party,
including, but not limited to, those intended to be called to testify at the
informal hearing or formal hearing.
(2) Inspect and make a copy of any of the
following in the possession or custody or under the control of the other party:
(A) Statements pertaining to the subject
matter of the proceeding made by any party to another party or
person.
(B) Statements of witnesses
then proposed to be called by the party and of other persons having personal
knowledge of the acts, omissions or events which are the basis for disputed
audit or examination findings, not included in subdivision (2)(A).
(C) All writings, including but not limited
to audit work papers, patient ledgers, medical records and invoices or things
which the party then proposes to offer into evidence.
(D) Other writing or thing which is relevant
and which would be admissible in evidence.
(E) Investigative reports made for or on
behalf of the Department or other party pertaining to the subject matter of the
proceeding, to the extent that such reports:
(1) Contain the names and addresses of
witnesses or of persons having personal knowledge of the acts, omissions or
events which are the basis for the disputed audit or examination
findings.
(2) Reflect matters
perceived by the investigator in the course of his investigation.
(3) Contain or include by attachment any
statement or writing described in subsections (2)(A) through (2)(D) inclusive,
or summary thereof.
(4) For the
purpose of this section, "statements" includes written statements by the
person, signed or otherwise authenticated by the person, stenographic,
mechanical, electrical or other recordings, or transcripts thereof, or oral
statements by the person and written reports or summaries of such oral
statements.
(5) Nothing in this
section shall authorize the inspection or copying of any writing or thing which
is privileged from disclosure by law or otherwise made confidential or
protected as the attorney's work product.
(6) Any denial of discovery by a party shall
be in writing and shall be accompanied by a written statement describing the
specific reasons for denial as to each item of discovery denied. Such a denial
shall be mailed within 30 calendar days from the date of filing the request for
discovery.
(b) A party shall have the same rights as are
accorded a party under the provisions of Section
11507.7 of
the Government Code in the event that a request for discovery pursuant to this
section has not been granted. In the event an order to show cause is issued, a
copy shall be filed with each party.
(c) The provisions of this article provide
the exclusive right to and method of discovery as to any proceeding governed by
this article.
Notes
Note: Authority cited: Sections 14105, 14124.5, and 14171, Welfare and Institutions Code. Reference: Section 14171, Welfare and Institutions Code.
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