Section 7116.2 - Request for Administrative Hearing(a) Upon receipt of a written request for a formal administrative hearing, the Secretary shall file a copy thereof with the Office of Administrative Hearings within three days of the receipt of such written request.(b) The Office of Administrative Hearings must commence a hearing within 20 days of receipt of an appeal.(c) The decision of the hearing officer shall be a final decision and binding upon the Secretary.(d) The decision of the hearing officer shall be limited to the remedies provided by Section 35822 of the Act and shall be in accordance with the provisions of that section and shall be rendered within 45 days of receipt of the copy of the request for a hearing by the Office of Administrative Hearings.(e) The Secretary or Secretary's designee shall represent the complainant at such hearing if the Secretary's decision was in favor of the complainant.(f) Either party may appeal the decision of the Office of Administrative Hearings by filing a petition for a writ of mandamus pursuant to C.C.P. 1094.5. The court may in its discretion award costs or reasonable attorney's fees, or both, to the complainant if the complainant is the prevailing party.Cal. Code Regs. Tit. 21, § 7116.2
1. Editorial correction of NOTE filed 11-20-85 (Register 85, No. 47). Note: Authority cited: Section 35814, Health and Safety Code. Reference: Section 35823, Health and Safety Code.
1. Editorial correction of NOTE filed 11-20-85 (Register 85, No. 47).