Cal. Code Regs. Tit. 8, § 61 - Hearing Procedure
(a)
Where the Medical Director determines that there is prima facie evidence of any
violation of section
60 of Title 8 of the California
Code of Regulations, he or she shall make and submit a prima facie case of the
violation to the Administrative Director.
(b) If the Administrative Director sustains
the Medical Director's prima facie case, the QME shall be notified in writing
of the determination and shall also be notified of his or her right to a
hearing in accordance with Chapter 4 (commencing with Section
11370) and Chapter 5 (commencing
with section
11500) and Part 1 of Division 3 of
the Government Code.
(1) The Administrative
Director may, notwithstanding Government Code section
11502,
assign the hearing to a hearing officer designated by the Medical Director who
shall act as an Administrative Law Judge for the purposes of Government Code
sections
11370 et.
seq. and 11500 et. seq., or may delegate in whole or in part to an
Administrative Law Judge the authority to conduct the hearing and decide the
case. In the event of a hearing, the hearing officer or Administrative Law
Judge shall fix the time and place of the hearing and notify interested parties
in writing no fewer than 10 days in advance of the hearing and in accordance
with Code of Civil Procedure sections
1013(a)
and
2015.5
specifying the time and place of the hearing.
(2) If an Administrative Law Judge conducts a
hearing, the Administrative Law Judge selected to preside over the hearing
shall hear the case alone, and exercise all powers related to the conduct of
the hearing.
(3) At the conclusion
of the hearing, the Administrative Law Judge or hearing officer shall file a
written statement of findings and proposed decision with the Administrative
Director. The decision made pursuant to this action shall include specific
findings in accordance with section
60(b) of Title 8
of the California Code of Regulations, and under section
65 of Title 8 of the California
Code of Regulations shall recommend, but defer to the Administrative Director
the final decision with respect to sanctions.
(4) The Administrative Director's decision on
which sanction(s) to impose on a QME, pursuant to Labor Code section
139.2(k)
or any other statute giving the Administrative Director disciplinary authority,
shall be in accordance with the Sanction Guidelines for Qualified Medical
Evaluators under section
65 of Title 8 of the California
Code of Regulations.
(5) In
accordance with Government Code section
11517(c),
if the proposed decision is not adopted by the Administrative Director, the
Administrative Director shall determine whether or not to decide the case,
based on the record and transcript, and/or whether or not to take additional
evidence or to refer the case back to the Administrative Law Judge to take
additional evidence on any issue or issues requested by the Administrative
Director.
(6) Within thirty (30)
days of the date the written decision is served upon the QME, the QME may file
a petition for reconsideration with the Administrative Director. The petition
shall be governed by Government Code section
11521 and
shall set forth any legal or factual basis as to why the decision should not be
confirmed.
(c) Judicial
Review of the Administrative Director's decision may be had by the filing of a
petition for writ of mandate pursuant to Government Code Section
11523 no
later than thirty (30) days after the last day on which the Administrative
Director can order reconsideration in accordance with (b)(6) of this
section.
Notes
2. Repealer and new section and amendment of NOTE filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
3. Amendment of section and NOTE filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).
Note: Authority cited: Sections 133, 139.2, 5307.3 and 5307.4, Labor Code; and Sections 11370 et seq. and 11500 et seq., Government Code. Reference: Section 139.2, Labor Code; and Sections 11502 et seq., Government Code.
2. Repealer and new section and amendment of Note filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
3. Amendment of section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).
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