(a) The Hearing Officer shall take the matter being appealed under submission at the conclusion of the hearing. A proposed decision, that may be adopted as the decision of the Director, shall be submitted to the Director.(b) The Director shall take one of the following actions: (1) adopt the proposed decision in its entirety; or(2) reject the proposed decision and decide the matter himself or herself based upon the record including the transcript; or(3) order a further hearing to take additional evidence. If the case is so assigned, the Hearing Officer shall prepare a proposed decision as provided in subsection (a), upon the additional evidence and the record of the prior hearing.(c) The decision shall state the basis for the decision and the evidence relied upon, and shall be final upon adoption by the Director.(d) The Director shall issue a decision within 90 days of a request for a CCS Fair Hearing, when the request is made as specified in section 42180, subsections (a) through (c), except in those cases where the claimant waives the 90-day requirement, the claimant withdraws or abandons the request for hearing, the Hearing Officer or Director requires additional information to make a decision and such information is not made available to meet the 90-day period, a continuance is granted or the Director orders a further hearing. If the claimant conditionally withdraws the hearing request, the 90-day period shall begin on the date the request for hearing is reinstated by the Hearing Officer. If the claimant waives the 90-day requirement or required information is not available to meet the 90-day requirement, a decision will be made by the Director within 45 days of the close of the record of the hearing.Cal. Code Regs. Tit. 22, § 42700
1. New section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2. Change without regulatory effect relocating chapter 13 and article 1 headings from preceding section 42700 to preceding section 42131, renumbering former section 42700 to section 42131 and renumbering former section 42720 to section 42700, including amendment of section and NOTE, filed 1-28-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5). Note: Authority cited: Sections 20, 100275(a) and 123805, Health and Safety Code. Reference: Sections 123805, 123850 and 123925, Health and Safety Code.
1. New section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2. Change without regulatory effect relocating chapter 13 and article 1 headings from preceding section 42700 to preceding section 42131, renumbering former section 42700 to section 42131 and renumbering former section 42720 to section 42700, including amendment of section and Note, filed 1-28-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5).