Section 10057 - Administrative Review of Licensing Actions(a) Applicants and licensees may appeal a notice of licensing action by submitting a written request for administrative review to the Director of the Department. (1) The request for administrative review shall be received by the Department no later than 15 calendar days from the date of service of the notice of licensing action. The request for administrative review shall: (A) Identify the statute(s) or regulation(s) at issue and the legal basis for the applicant's or licensee's appeal;(B) State the facts supporting the applicant's or licensee's position; and(C) State whether the applicant or licensee waives an informal conference and requests to proceed with an administrative hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.(2) Failure to submit a written request for administrative review pursuant to this subsection shall be deemed a waiver of administrative hearing and the licensing action shall be final.(b) The first level of review for a licensing action shall be an informal conference. The Department need not conduct the informal conference in the manner of a judicial hearing pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code). The Department need not conduct the informal conference according to the technical rules relating to evidence and witnesses. (1) Within 15 calendar days of receipt of the request for administrative review, the Division Chief in charge of the Licensing and Certification Division or the Division Chief's designee shall schedule an informal conference with the applicant or licensee, and the informal conference shall be held within 45 working days of receipt of the request for administrative review, unless: (A) The Department and the applicant or licensee agree to settle the matter;(B) The applicant or licensee waives the 15- or 45-day requirements for setting and holding the informal conference;(C) The applicant or licensee waives the informal conference; or(D) The Department or the applicant or licensee provides to the other party written substantiation of the cause for a delay.(2) Failure of the applicant or licensee to appear at the informal conference constitutes a withdrawal of the appeal and the licensing action shall be final, unless the informal conference is waived in writing pursuant to subsection (b)(1)(C).(3) The representative(s) of the Department who issued the notice of licensing action may attend the informal conference and present oral or written information in substantiation of the alleged violation or the Department's position may be presented in the notice of licensing action.(4) At the informal conference the applicant or licensee shall have the right to:(A) Representation by legal counsel.(B) Present oral and written information.(C) Explain any mitigating circumstances.(5) No party to the action shall have the right to discovery at the informal conference. However, witness(es) shall be allowed to attend and present testimony under oath.(6) Either party may record the proceedings of the informal conference on audio tape.(7) At the applicant or licensee's request, the informal conference may be held in person, at a location specified by the Department, by telephone, by submission of the applicant or licensee's written position statement, or in any other manner agreed to by both parties.(c) No later than 15 calendar days from the date of the informal conference, the Department shall mail the decision to affirm, modify, or dismiss the notice of licensing action to the applicant or licensee.(1) The decision shall give notice to the applicant or licensee of his/her right to an administrative hearing and the time period in which to make such a request.(2) A copy of the decision shall be transmitted to each party.(d) The second level of review for a licensing action shall be an administrative hearing conducted pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.(1) An applicant or licensee may request an administrative hearing only if: (A) The applicant or licensee waives the informal conference and requests an administrative hearing pursuant to the provisions set forth in subsection (a), or(B) The applicant or licensee timely requests an administrative hearing as specified in subsection (d)(2)(A).(2) The applicant or licensee may request an administrative hearing by submitting a request in writing to: Deputy Director, Behavioral Health, Department of Health Care Services, P.O. Box 997413, MS 2603, Sacramento, CA 95899-7413. (A) The request for administrative hearing shall be received by the Department no later than 15 calendar days from the date of service of the: 1. Decision of the informal conference; or2. Notice of licensing action if the applicant or licensee waives the informal conference.(B) Failure of the applicant or licensee to request an administrative hearing pursuant to subsection (d)(2)(A) shall be a waiver of the right to a hearing and the licensing action shall be final.(3) Upon receipt of the request for administrative hearing, the Department shall issue an Accusation or Statement of Issues and request that the matter be set for hearing.(e) A licensing action shall be final when: (1) The applicant or licensee fails to appeal the licensing action in a timely manner, pursuant to subsections (a) and (d); or(2) A final determination is made in accordance with Section 11517 of the Government Code; or(3) The parties have agreed in writing to a resolution of the matter.(f) In the event an applicant or licensee appeals the Department's assessment of a civil penalty, collection of any civil penalty shall be stayed until the final action on the licensing appeal. When the licensing action is final, the applicant or licensee shall pay all civil penalties to the Department within 60 calendar days of receipt of mailing of final adjudication. The civil penalties shall bear interest at the legal rate of interest from the date of notice of final adjudication until paid in full. Failure to pay the civil penalty and accrued interest within 60 calendar days of the notice of final adjudication shall result in one or more of the following sanctions: (1) Denial of an application for a license;(2) Denial of an application for renewal of a license; and/or(3) Suspension or revocation of a license.Cal. Code Regs. Tit. 9, § 10057
1. New section filed 6-7-2006; operative 6-7-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 23).
2. Change without regulatory effect amending subsections (b) and (e)(2) filed 3-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
3. Amendment of section and NOTE filed 5-7-2020; operative 7-1-2020 (Register 2020, No. 19). Note: Authority cited: Sections 11750, 11755, 11835 and 11839.3, Health and Safety Code. Reference: Sections 11839.3, 11839.4, 11839.9 and 11839.12, Health and Safety Code.
1. New section filed 6-7-2006; operative 6-7-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 23).
2. Change without regulatory effect amending subsections (b) and (e)(2) filed 3-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
3. Amendment of section and Note filed 5-7-2020; operative 7/1/2020 (Register 2020, No. 19).