Cal. Code Regs. Tit. 22, § 51045 - Reconsideration
(a) The Department
may order a reconsideration of all or part of the case on its own motion or on
petition of any party. The power to order a reconsideration shall expire 30
calendar days after delivery or mailing of a decision to the provider. The
Department may grant a stay of expiration of its power to order
reconsideration:
(1) for up to 30 days for
the purpose of enabling a party to file a petition for reconsideration;
or
(2) for up to 10 days when
needed solely for the purpose of considering a petition filed prior to
expiration of its power to order reconsideration.
The petition of a party shall be deemed denied if the Department takes no action within the time allowed for ordering reconsideration.
(b) The case may be:
(1) Reconsidered by the Department on all the
pertinent parts of the records and such additional evidence and arguments as
may be permitted.
(2) Assigned to a
hearing officer for further written or oral hearing.
(c) The decision for a reconsideration
assigned to a hearing officer shall be subject to the procedure provided in
section 51044.
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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