(a) Whenever the
Administrative Director determines that an application for appointment or
reappointment as a Qualified Medical Evaluator will be denied or that
appointment or reappointment will be to a probationary status, the
Administrative Director shall notify the applicant in writing of the decision,
including the grounds and reasons for the decision, and of the applicant's
right to appeal and to obtain a hearing in accordance with the provisions of
section
61(b).
(b) The applicant shall have thirty (30) days
to submit a written appeal, setting forth with particularity the basis for
disputing the Administrative Director's decision and why the applicant believes
that he or she is entitled to appointment or reappointment. If the applicant
fails to submit a specific, written response to the Administrative Director's
determination regarding appointment or reappointment within thirty (30) days,
the Administrative Director's decision shall become final without any further
notice.
(c) If the applicant
submits a timely appeal in accordance with subsection (b), and the appeal is
denied by the Administrative Director, the Administrative Director shall
provide the applicant with notice of this denial by means of a statement of
issues and notice of right to 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. The statement of issues and notice of right to hearing
shall be issued within 60 days of receipt of the timely appeal. The appeal
shall be heard and decided in accordance with the procedures set forth in
section
61(b), and a final
decision shall be subject to judicial review in accordance with section
61(c).
Notwithstanding the procedures specified in section
61, the Administrative Director may
at any time during the pendency of an appeal reconsider the decision made under
subsection (a), and for good cause issue a new decision granting appointment or
reappointment or granting appointment or reappointment to probationary status
in lieu of denial. Good cause is evaluated with reference to the the presence
and effect of any of the factors of mitigation as well as the factors to be
considered in determining penalties contained in section
65.
(d) All notices and responses under this
section shall be made by certified mail.
(e) Notwithstanding section
51 and the other provisions of this
section, any physician who (1) has failed to timely pay the fee required by
Labor Code Section
139.2(n),
(2) who is precluded from practice due to the
suspension, revocation, or termination of his or her license to practice by the
relevant licensing authority, or (3) who has been suspended from participation
in the workers' compensation system pursuant to Labor Code Section
139.21 and
whose suspension is final under subdivision (b) of Section
139.21, shall be ineligible for
appointment or reappointment as a QME and shall have no further right to notice
or appeal under this section or section
61.