(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 within 60 days after the close of the formal hearing record. The proposed decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and an order.(b) The Director may adopt the proposed decision in its entirety or may revise the amount due and adopt the balance of the proposed decision.(c) If the proposed decision is not adopted under Subsection (b) above, the Director may decide the case upon his/her review of the record, including the transcript, without taking additional evidence, or may remand the matter to the same hearing officer to take additional evidence. Upon remand, the hearing officer shall prepare a proposed decision, as provided in Subsection (a) above, upon the additional evidence and the transcript and other papers, which are part of the record of the prior hearing.(d) The decision shall be final upon adoption by the Director. Copies of the decision of the Director shall be provided to the parties; the appellant's copy shall be delivered by certified mail.(e) If a party to a formal hearing other than the appellant 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 shall be in writing and shall be mailed within 10 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 his/her 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 promptly requested by the applicant upon discovery of the reasons for failure to appear at the hearing as scheduled.(f) The parties shall be given written notice of an order granting or denying any application to vacate a decision.Cal. Code Regs. Tit. 17, § 50764
1. Renumbering and amendment of former Section 50664 to Section 50764 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).
2. Editorial correction of subsection (b) (Register 2002, No. 46). Note: Authority cited: Section 11152, Government Code; and Sections 4648.2 and 4780.5, Welfare and Institutions Code. Reference: Sections 4635, 4648.1 and 4780.5, Welfare and Institutions Code.
1. Renumbering and amendment of former Section 50664 to Section 50764 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).
2. Editorial correction of subsection (b) (Register 2002, No. 46).