Cal. Code Regs. Tit. 22, § 51044 - Decision
(a) The hearing
officer shall take the matter under submission at the conclusion of the
hearing. A proposed decision, in a form that may be adopted as the decision of
the Director, shall be submitted to the Director as soon as practical. A copy
of the proposed decision, upon submission to the Director, shall be:
(1) Filed by the Department as a public
record.
(2) Served by the
Department on each party in the case and each party's
representative.
(b) The
Director may:
(1) Adopt the proposed decision
without reading or hearing the record.
(2) Reject the proposed decision and have a
decision prepared based upon the documentary and electronically recorded
record, with or without taking additional evidence. The Director shall decide
no case provided for in this paragraph without affording the parties the
opportunity to present either oral or written argument.
(3) Refer the matter to the hearing officer
to take additional evidence. If the case is so assigned, the hearing officer
shall prepare a proposed decision as provided in subsection (a), upon the
additional evidence and the documentary and electronically recorded record of
the prior hearing. A copy of such proposed decision shall be furnished to each
party and each party's representative as prescribed in subsection
(a).
(c) The decision
shall be final upon adoption by the Director. Copies of the decision of the
Director shall be mailed by certified mail to the designated representative of
the provider.
(d) A dismissal may
be issued if a provider fails to appear at a formal hearing. A copy of such
dismissal shall be mailed to each party together with a statement of the
provider's right to reopen the hearing.
(e) The Director may vacate any dismissal if
the provider makes application in writing, within ten calendar days after
personal service or receipt of such dismissal, showing good cause for failure
to appear at the hearing. Lack of good cause shall be inferred if a continuance
of the formal hearing is not requested promptly upon discovery of the reasons
for failure to appear at the hearing.
(f) If a party to a formal hearing other than
the provider fails to appear at a hearing and the hearing officer issues a
decision on the merits adverse to that party's interests, the decision shall be
accompanied by a statement of the party's right to make application to vacate
the decision. The application may be in writing and shall be made within ten
calendar days after personal service or mailing of the decision. Upon a showing
of good cause for failure to appear at the hearing, the Director may issue an
order to vacate the decision and the matter may be set for further hearing.
Lack of good cause will be inferred when a continuance of the hearing was not
requested promptly upon discovery of the reasons for failure to appear at the
hearing.
(g) The parties shall be
given written notice of an order granting or denying any application to vacate
a decision.
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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