Section 7712 - Granting or Denial of a Request for a Hearing(a) Within 5 calendar days of receipt of a request for a hearing, the Director shall review the request and take one of the following actions: (1) Grant the request, if the appellant has followed all procedures and the Director has determined the issue is one of those specified in section 7704, and appoint one of the following to preside over the hearing:(A) An external hearing officer when the appellant is appealing an adverse determination by the Department.(B) A departmental hearing officer(s) when the appellant is appealing an adverse determination by an AAA.(2) Deny the request if the appellant has not followed all procedures or the Director has determined that the issue is not one of those specified in section 7704. A written denial explaining the reasons for the action shall be mailed to the appellant.(b) The granting of a hearing shall not stay the effective date of the proposed adverse determination until a final decision is rendered, unless either of the following circumstances exist: (1) Federal law or regulation requires that the action be stayed.(2) The Department, based upon the particular situation determines that a stay is warranted. In making its determination, the Department shall consider such factors as the reasons for the adverse determination and the effect of the adverse determination on the provision of services to older individuals residing in the PSA.(c) The hearing officer, in conjunction with the Department shall: (1) Unless a later date is mutually agreed upon by all parties, schedule the hearing for no later than either of the following:(A) Ten calendar days from the date the request for a hearing is granted by the Director, when there is an immediate threat to the public's health, safety or general welfare.(B) Twenty calendar days from the date the request for a hearing is granted by the Director, when there is no immediate threat to the public's health, safety or general welfare.(2) Provide written notice of the hearing via fax, followed by a mailed original, or certified or overnight mail, return receipt requested, to the appellant and the respondent. The notice of hearing shall specify the location, date, and time of the hearing.Cal. Code Regs. Tit. 22, § 7712
1. Renumbering and amendment of former section 8512 to new section 7712 filed 1-29-96; operative 2-28-96 (Register 96, No. 5).
2. Change without regulatory effect amending subsection (c)(2) filed 10-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 44).
3. Change without regulatory effect amending NOTE filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7). Note: Authority cited: Sections 9102 and 9105, Welfare and Institutions Code. Reference: 42 U.S.C. 3025(b)(5)(C) and 3027(a)(5); and 45 CFR 1321.29(c) and 1321.35(a).
1. Renumbering and amendment of former section 8512 to new section 7712 filed 1-29-96; operative 2-28-96 (Register 96, No. 5).
2. Change without regulatory effect amending subsection (c)(2) filed 10-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 44).
3. Change without regulatory effect amending Note filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7).