Cal. Code Regs. Tit. 22, § 53634 - Defaults

(a) Failure to file a timely Notice of Defense and to serve a copy on the provider or failure to appear at a hearing shall be deemed a default and a waiver of the defaulting party's right to a hearing unless, prior to decision in the matter:

(1) The party shows good cause for the failure.

(2) All parties have stipulated in writing that the failure shall not be deemed a default.

(b) The hearing officer may, following a default:

(1) Render a decision based upon the defaulting party's express admissions, or upon other evidence.

(2) Receive affidavits as evidence without notice to the defaulting party.

(3) Render a decision against the defaulting party without receiving evidence or argument if the burden of proof is on the defaulting party.

Notes

Cal. Code Regs. Tit. 22, § 53634

1. Amendment of subsection (a) and repealer of subsection (c) filed 9-3-82; effective thirtieth day thereafter (Register 82, No. 36).

Note: Authority cited: Sections 14312 and 14454, Welfare and Institutions Code. Reference: Section 14454, Welfare and Institutions Code.

1. Amendment of subsection (a) and repealer of subsection (c) filed 9-3-82; effective thirtieth day thereafter (Register 82, No. 36).