Section 120223 - Correction of Mistake or Clerical Error in the Decision(a) Within 15 days after service of a copy of the decision on the parties, the complainant or the local child support agency may apply to the Director or the Director's designee for the correction of a clerical error contained in the decision by submitting a writing to the State Hearing Office that states the specific ground on which the application is made.(b) Upon receipt of the application, the State Hearing Office shall serve a Notice of Application to the other party to the proceeding. The other party shall be permitted to file a statement supporting or opposing the application. Such a statement shall be in writing and shall be filed with the State Hearing Office no later than 10 days after service of the Notice of Application.(c) The Director or the Director's designee may: (1) Deny the application;(2) Grant the application and modify the decision; or(3) Grant the application and set the matter for a telephonic hearing before the Director or the Director's designee.(d) If the Director or the Director's designee does not act within 15 days after the date of service of the Notice of Application on the other party, it is deemed denied.(e) An application under this Section is not a prerequisite for seeking judicial review and does not toll the period for seeking a rehearing under Section 120220 or for filing a writ under Section 1094.5 of the Code of Civil Procedure.Cal. Code Regs. Tit. 22, § 120223
1. New section filed 11-30-2021; operative 6-1-2022 (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Sections 17801 and 17803, Family Code.
1. New section filed 11-30-2021; operative 6/1/2022 (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.