reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 1 - General › Section 50704 - Disqualification of Appeals Review Officer or Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An appeals review officer or hearing
					 officer shall upon his/her own motion withdraw from any proceedings in which
					 he/she:
(1) Cannot give a fair or impartial
					 hearing;
(2) Has a personal or
					 pecuniary interest.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 1 - General › Section 50705 - Recovery of Overpayments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Where the Department, as a result of an audit, establishes that an overpayment
					 has been made to an individual, entity or organization, the Department shall
					 begin liquidation of the overpayment 30 days after the issuance of the audit
					 report, except that:
(1) Where the appellant
					 has requested an administrative review pursuant to Section
					 50730 of this subchapter,
					 liquidation of the disputed overpayments shall be deferred until the Letter of
					 Findings has become final;
(2) If
					 any overpayments remain in dispute after the administrative review, the
					 appellant may file with the hearing officer, a request for stay of liquidation
					 pending the outcome of the formal hearing. To be considered, such request shall
					 be in writing, and shall be submitted with the request for formal hearing
					 pursuant to Section
					 50750. Such request for stay must
					 set forth reasons why liquidation should be stayed for the duration of the
					 formal hearing process. The hearing officer may in his/her discretion, make
					 such orders as he/she deems necessary pursuant to such request, including, but
					 not limited to, a temporary stay of liquidation.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 1 - General › Section 50706 - Costs and Attorneys Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise expressly provided in
					 this subchapter, the Department:
(1) Shall
					 assume all expenses related to the operation and maintenance of the appeal
					 process;
(2) Shall not reimburse
					 under the provisions of this subchapter an appellant's expenses or costs
					 incident to prosecuting an appeal.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 1 - General › Section 50707 - Consolidation of Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Parties may seek consolidation of two or more requests for administrative
					 review or formal hearing which are pending on appeal, for the reduction of
					 effort and expense of separate appeals, where the issues stated and evidence
					 cover much the same ground and can advantageously be combined in one appeal.
					 Such request shall be in writing and may be made if:
(1) An appellant has consecutive or multiple
					 appeals, or two or more appellants have concurrent appeals;
(2) The appeals involved common questions of
					 law or fact; and
(3) No substantial
					 right of any party will be prejudiced.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 1 - General › Section 50708 - Additional Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Appellants may submit a joint appeal where the issues involve the same
					 transaction or series of transactions and there is a common question of law or
					 fact; or where the appellants are each asserting claims to a particular amount
					 in controversy, which are adverse to the Department or regional center. It is
					 not necessary that each appellant be interested as to every issue presented in
					 the joint appeal.
(b) The appeals
					 review officer or hearing officer may, on his/her own motion, or upon the
					 written request of a party, order the joinder of an individual, organization,
					 or entity not a party to the appeal whenever it appears necessary to avoid
					 injury to absent persons, to bring a real party in interest into the
					 proceedings, or to otherwise obtain a complete settlement of a controversy in
					 one appeal.
(c) The appeals review
					 officer or hearing officer shall furnish adequate notice to all parties of
					 joint appeals or orders for joinder, and shall provide for proper service of
					 process on persons to be joined in the proceedings.
(d) The appeals review officer or hearing
					 officer may make such orders concerning additional parties as he/she deems
					 necessary in his/her discretion, including, but not limited to the following:
(1) Granting continuances and holding
					 additional conferences or hearing to accommodate an additional party;
(2) Finding for one or more of the appellants
					 according to their respective rights to relief, or resolving conflicting claims
					 between appellants;
(3) Ordering
					 severance of appeals or parties previously joined; or
(4) Issuing a single Letter of Findings or
					 decision for matters decided as a result of a merged administrative review or
					 hearing.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 2 - Administrative Review › Section 50731 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The appeals review officer may schedule and preside at an informal conference
					 if he/she determines that it is appropriate as part of the administrative
					 review process. The appeals review officer shall determine the time and place
					 of an informal conference giving due consideration to the reasonable request of
					 a party.
(b) Written notice of the
					 time and place of the informal conference shall be mailed to each party at
					 least 30 days before the date of the informal conference. This period may be
					 shortened with the consent of all parties. Any party may waive
					 notice.
(c) Efforts shall be made
					 to resolve the facts and issues in dispute in a fair and reasonable manner,
					 subject to the requirements of state and federal law. Matters in dispute,
					 raised in the appellant's Statement of Disputed Issues pursuant to Section
					 50730, which are not discussed or
					 raised at the informal conference shall not be deemed waived.
(d) The Department shall make an electronic
					 record of the proceedings.
1.
						Renumbering and amendment of former Section
						50631 to Section
						50731 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Sections
						  11152,
						  Government Code; and Sections
						  4648.2,
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4629,
						  4635,
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code; and Sections
						  11180,
						  11181, and
						  11182,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 2 - Administrative Review › Section 50732 - Letter of Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The results of the administrative review shall be
						submitted to the parties, within 60 days after the close of the administrative
						review record, in the form of a written document entitled "Letter of Findings."
						The Letter of Findings shall be final unless a timely request for a formal
						hearing is made. Upon becoming final, the Letter of Findings has the legal
						effect of amending the audit report and supersedes it to the extent there are
						any inconsistencies.
1.
						Renumbering and amendment of former Section
						50632 to Section
						50732 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Sections
						  11152,
						  Government Code; and Sections
						  4648.2,
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4635,
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50750 - Request for Formal Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of the Letter of Findings
					 following the administrative review, a party may appeal for a formal hearing
					 conducted by a hearing officer.
(b)
					 The requirements made applicable to requests for administrative review by
					 Section 50730 shall apply to requests for
					 formal hearing submitted pursuant to this section.
(c) A party shall have 30 days following the
					 receipt of the Letter of Findings within which to file a request for formal
					 hearing with the Department representative identified in the Letter of
					 Findings. The party shall simultaneously submit a copy of such request to each
					 other party. The request shall be deemed filed on the date mailed to the
					 Department.
(d) Within 30 days
					 after receipt of the copy of the request for formal hearing, each such other
					 party shall submit a position statement. The position statement shall set forth
					 the validity of each audit exception or finding in dispute.
(e) A request for formal hearing filed after
					 the time permitted in subsection (c) above, shall be denied by the hearing
					 officer unless the party shows good cause for late filing.
1.
						Renumbering and amendment of former Section
						50650 to Section
						50750 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Sections
						  11152,
						  Government Code; and Sections
						  4648.2,
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4629,
						  4631,
						  4635,
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code; and Sections
						  11180,
						  11181, and
						  11182,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50751 - Time and Place of Formal Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer shall determine the
					 time and place of a formal hearing. It shall be held in one of the following
					 counties:
(1) San Francisco if the appellant
					 resides within the First Judicial Appellate District, as defined in California
					 Rules of Court. Appendix--Division III, Section
					 3;
(2) Los Angeles if the appellant resides
					 within the Second or Fourth Judicial Appellate District, as defined in
					 California Rules of Court. Appendix--Division III, Section
					 3; or
(3) Sacramento if the appellant resides
					 within the Third or Fifth Judicial Appellate District, as defined in California
					 Rules of Court. Appendix--Division III, Section
					 3.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50752 - Severance of Issues

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 hearing officer, upon his/her own motion, or upon the motion of any party, may
					 hear any particular issue or issues before hearing any other issue in the
					 proceeding, if the hearing officers finds that the resolution of the particular
					 issue or issues could abate further proceedings.
(b) A proposed interlocutory decision on a
					 separately heard issue may be prepared by the hearing officer and adopted by
					 the Director as the final decision on the specified issued,
(c) Hearing on any remaining issues presented
					 by the appellant's request for formal hearing may be postponed until the
					 interlocutory decision has been issued.
1.
						Renumbering and amendment of former Section
						50652 to Section
						50752 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
2. Editorial correction of NOTE
						(Register 2002, No. 46).
Note: Authority cited: Sections
						  11152,
						  Government Code; and Sections
						  4648.2
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50753 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party, after
					 filing a request for a formal hearing, may make a written demand for
					 information to an opposing party. The party receiving such demand must comply
					 within 30 days after its mailing, provided that the 30th day precedes the
					 hearing date and the demand is entitled to:
(1) Obtain the names and addresses of
					 witnesses to the extent known to the other party, including, but not limited
					 to, those intended to be called to testify at the formal hearing;
(2) Inspect and make a copy of any of the
					 following in the possession or custody or under the control of the other party:
(A) Statements pertaining to the subject
					 matter of the proceeding made by any party to another party or
					 person;
(B) Statements of witnesses
					 then proposed to be called by the party and of other persons having personal
					 knowledge of the acts, omissions or events which are the basis for disputed
					 audit findings, not included in Subsection (2) (A) above;
(C) All writings, including, but not limited
					 to, audit work papers, client records, medical records, and invoices or things
					 which the party then proposes to offer into evidence;
(D) Other real or documentary evidence which
					 is relevant and ordinarily admissible in administrative
					 proceedings.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50754 - Subpoenas and Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The hearing officer is authorized to issue subpoenas and subpoenas duces tecum
					 before the formal hearing, for attendance of witnesses or production of
					 documents at the formal hearing, as necessary or at the request of any party.
					 The hearing officer may also issue subpoenas and subpoenas duces tecum after
					 the formal hearing has commenced. Compliance with the provisions of Section
					 1985,
					 California Code of Civil Procedure shall be a condition precedent to the
					 issuance of a subpoena duces tecum.
(b) The process issued pursuant to subsection
					 (a) above, shall be extended to all parts of the State and shall be served in
					 accordance with the provisions of Sections
					 1987
					 and
					 1988,
					 California Code of Civil Procedure. No witness shall be obligated to attend at
					 a place out of the county in which he/she resides unless the distance be less
					 than 50 miles from his/her place of residence.
(c) Any person receiving a subpoena duces
					 tecum issued by the hearing officer pursuant to this article shall comply
					 within the time stated, by:
(1) Producing the
					 evidence required; or
(2) Filing an
					 affidavit setting forth reasons why such evidence should not be
					 produced.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50755 - Depositions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On verified
					 petition of any party, the hearing officer may order that the testimony of any
					 material witness residing within or without the state be taken by deposition in
					 the manner prescribed by law for depositions in civil actions. The petition
					 shall set forth:
(1) The nature of the
					 pending proceeding;
(2) The name
					 and address of the witness whose testimony is desired;
(3) A showing of the materiality of his/her
					 testimony;
(4) A showing that the
					 witness will be unable or cannot be compelled to attend; and
(5) A request for an order requiring the
					 witness to appear and testify before an officer named in the petition for that
					 purpose.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50756 - Affidavits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any party shall
					 mail or deliver to all other parties, at least 20 days prior to a formal
					 hearing or a continued hearing, a copy of any affidavit to be introduced in
					 evidence, together with a notice as provided in Subsection (b) below. Unless an
					 opposing party, within ten days after such mailing or delivery, mails or
					 delivers to the proponent a request to cross-examine an affiant, the right to
					 cross-examine such affiant is waived and the affidavit, if introduced in
					 evidence, shall be given the same effect as if the affiant had testified
					 orally. If an opportunity to cross-examine an affiant is not offered after
					 request therefor is made as herein provided, the affidavit may be introduced in
					 evidence, but shall be given only the same effect as other hearsay
					 evidence.
(b) The notice referred
					 to in Subsection (a) above, shall be in a form prescribed by the
					 Department.
(c) "Affidavit" as used
					 in this subchapter means either an affidavit under oath or an unsworn, written
					 declaration under penalty of perjury.
1.
						Renumbering of former Section
						50656 to Section
						50756 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4648.2
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code; and Sections
						  11181 and
						  11182,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50757 - Preparation for Formal Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A party appearing at a formal hearing shall have
						necessary evidence and witnesses present and be ready to proceed. Two copies of
						any documents to be introduced in evidence shall be made available. The hearing
						officer, if necessary and following reasonable notice, may require the parties
						to submit, prior to a formal hearing, a written statement of contentions and
						reasons, together with any requested documents. A copy of such written
						statement and documents shall be provided to the parties.
1.
						Renumbering of former Section
						50657 to Section
						50757 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4648.2
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code; and Sections
						  11180,
						  11181, and
						  11182,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50758 - Conduct of Formal Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Testimony shall be taken only on oath,
					 affirmation or penalty of perjury.
(b) The proceedings at the formal hearing
					 shall be electronically recorded or reported by phonographic
					 reporter.
(c) Each party shall have
					 the right to:
(1) Call and examine parties and
					 witnesses;
(2) Introduce
					 exhibits;
(3) Question opposing
					 witnesses and parties on any matter relevant to the issue even though the
					 matter was not covered in the direct examination;
(4) Impeach any witness regardless of which
					 party first called the witness to testify;
(5) Rebut the evidence against
					 him/her.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50759 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 hearing officer shall take official notice of those matters which must be
					 judicially noticed by a court under Section
					 451 of the
					 Evidence Code. The hearing officer may take official notice of those matters
					 set forth in Section
					 452 of the
					 Evidence Code.
(b) Parties present
					 at the formal hearing shall be informed of the matters to be noticed, and those
					 matters shall be noted in the record, referred to therein, or appended
					 thereto.
(c) If the hearing officer
					 has been requested to take, or has taken, or proposes to take official notice
					 of such matters, the hearing officer shall afford each party reasonable
					 opportunity before closing the record, to present to the hearing officer
					 information relevant to:
(1) The propriety of
					 taking official notice of the matter; or
(2) The probative value to be accorded to the
					 matter to be noticed.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50760 - Continued or Further Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the hearing officer's own motion or
					 upon the request of a party, the hearing officer may, for good cause, continue
					 a formal hearing to another time or place. Oral notice of the time and place of
					 the continued formal hearing may be given to each party present at the formal
					 hearing. Such oral notice shall be confirmed in writing by the hearing officer
					 within five days unless waived by the parties.
(b) Upon the hearing officer's own motion or
					 upon a written request by a party, the hearing officer may, for good cause,
					 order a further formal hearing prior to his/her issuance of notice of dismissal
					 or adoption of his/her proposed decision by the Director. Notice of the further
					 formal hearing shall be mailed to the parties not less than 30 days prior to
					 such hearing. This period may be shortened with the consent of all parties. Any
					 party may waive notice.
1.
						Renumbering of former Section
						50660 to Section
						50760 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4648.2
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50761 - Introduction of New Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing officer upon a showing of good cause
						consistent with Subsection
						50730(f), in
						order to obtain new evidence necessary for the proper determination of the
						case, may:
(a) Continue the formal
					 hearing and hold the record open in order to permit any party to produce
					 additional evidence;
(b) Close the
					 hearing and hold the record open in order to permit the introduction of
					 additional documentary evidence. Any material submitted after the close of the
					 formal hearing shall be served upon all parties and each party shall have
					 reasonable opportunity for rebuttal;
(c) Order a further formal hearing if the
					 nature of the additional evidence or the refutation thereof make a further
					 hearing desirable.
1.
						Renumbering of former Section
						50661 to Section
						50761 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4648.2
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50762 - Representation at a Formal Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing officer may refuse to allow any person to
						represent a party in any hearing when the person:
(a) Engages in unethical, disruptive or
					 contemptuous conduct which impairs the appeals process; or
(b) Either intentionally and repeatedly or
					 willfully fails to comply with the proper instructions or orders of the hearing
					 officer or the provisions of this subchapter.
1.
						Renumbering of former Section
						50662 to Section
						50762 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4648.2
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50763 - Oral Arguments and Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The formal hearing shall be an evidentiary hearing. However, the hearing
					 officer may, in his/her discretion, permit the submission of oral or written
					 arguments, if requested to do so by a party prior to the close of the formal
					 hearing. The parties shall be advised as to the time and manner in which
					 arguments are to be submitted.
(b)
					 The hearing officer may require any party to submit memoranda or affidavits
					 pertaining to any or all issues raised in the formal hearing.
1.
						Renumbering of former Section
						50663 to Section
						50763 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4648.2 and
						  4780.5 Welfare and Institutions
						  Code. Reference: Sections
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50764 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
					 officer shall take the matter under submission at the conclusion of the
					 hearing. A proposed decision, in a form that may be adopted as the decision of
					 the Director, shall be submitted within 60 days after the close of the formal
					 hearing record. The proposed decision shall be in writing and shall contain
					 findings of fact, a determination of the issues presented, and an
					 order.
(b) The Director may adopt
					 the proposed decision in its entirety or may revise the amount due and adopt
					 the balance of the proposed decision.
(c) If the proposed decision is not adopted
					 under Subsection (b) above, the Director may decide the case upon his/her
					 review of the record, including the transcript, without taking additional
					 evidence, or may remand the matter to the same hearing officer to take
					 additional evidence. Upon remand, the hearing officer shall prepare a proposed
					 decision, as provided in Subsection (a) above, upon the additional evidence and
					 the transcript and other papers, which are part of the record of the prior
					 hearing.
(d) The decision shall be
					 final upon adoption by the Director. Copies of the decision of the Director
					 shall be provided to the parties; the appellant's copy shall be delivered by
					 certified mail.
(e) If a party to a
					 formal hearing other than the appellant fails to appear at a hearing and the
					 hearing officer issues a decision on the merits adverse to that party's
					 interests, the decision shall be accompanied by a statement of the party's
					 right to make application to vacate the decision. The application shall be in
					 writing and shall be mailed within 10 days after personal service or mailing of
					 the decision. Upon a showing of good cause for failure to appear at the
					 hearing, the Director may issue an order to vacate his/her decision and the
					 matter may be set for further hearing. Lack of good cause will be inferred when
					 a continuance of the hearing was not promptly requested by the applicant upon
					 discovery of the reasons for failure to appear at the hearing as
					 scheduled.
(f) The parties shall be
					 given written notice of an order granting or denying any application to vacate
					 a decision.
1.
						Renumbering and amendment of former Section
						50664 to Section
						50764 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
2. Editorial correction of subsection
						(b) (Register 2002, No. 46).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4648.2
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4635,
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50765 - Dismissal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A dismissal may
					 be issued by the hearing officer if an appellant fails to appear at a formal
					 hearing. A copy of such dismissal shall be mailed to each party together with a
					 statement of the appellant's right to reopen the hearing.
(b) The Director may vacate any dismissal if
					 the appellant makes application in writing, within 10 days after personal
					 service or receipt of such dismissal, showing good cause for failure to appear
					 at the hearing. Lack of good cause will be presumed when a continuance of the
					 formal hearing was not promptly requested by the appellant upon discovery of
					 the reasons for his/her inability to appear at the hearing as scheduled. If a
					 dismissal has been vacated by the Director, the hearing officer shall
					 reschedule the hearing. Notice of the time and place of the hearing shall be
					 sent to the parties not less than 30 days prior to the scheduled hearing date.
					 This period may be shortened with the consent of all parties. Any party may
					 waive notice.
1.
						Renumbering of former Section
						50665 to Section
						50765 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4648.2
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50766 - Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director
					 may order a reconsideration of all or part of the decision on his/her own
					 motion or on petition of any party. The power to order a reconsideration shall
					 expire 30 days after delivery or mailing of a decision to the appellant. The
					 petition of a party shall be deemed denied if the Director takes no action
					 within the time allowed for ordering reconsideration.
(b) If a reconsideration is ordered, the
					 Director may:
(1) Issue a revised decision
					 based upon a review of all the pertinent parts of the records and such
					 additional evidence and arguments as he/she may permit; or
(2) Assign the case to a hearing officer for
					 preparation of a revised decision based upon the records and such additional
					 oral or written evidence as may be necessary. Preparation and adoption of the
					 revised decision shall be in accordance with the procedures provided for in
					 Section 50764.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 7 - Fiscal Audit Appeals › Article 3 - Formal Hearing › Section 50767 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The final decision of the Director shall be subject to
						judicial review in accordance with the provisions of Section
						1094.5
						of the Code of Civil Procedure within six months after the date of mailing of
						the Director's final decision.
1.
						Renumbering of former Section
						50667 to Section
						50767 filed 7-5-88; operative
						8-4-88 (Register 88, No. 29).
Note: Authority cited: Section
						  11152,
						  Government Code; and Sections
						  4648.2
						  and
						  4780.5,
						  Welfare and Institutions Code. Reference: Sections
						  4635,
						  4648.1
						  and
						  4780.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 1 - General Provisions › Section 50800 - Meaning of Words

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Words shall have their usual meaning unless the context
						or a definition clearly indicates a different meaning. Words used in their
						present tense include the future tense and words in the singular form include
						the plural form. Use of the word "shall" denotes mandatory conduct; "may"
						denotes permissive conduct; and "should" denotes recommended
						conduct.
1. New
						Subchapter 8 (Articles 1-4, Sections
						50800-50835, not consecutive)
						filed 9-29-89; operative 10-29-89 (Register 89, No.
						40).
Note: Authority cited: Section
						  4505,
						  Welfare and Institutions Code. Reference: Section
						  4505,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 1 - General Provisions › Section 50802 - Limitations on Use of Behavior Modification Interventions that May Cause Pain or Trauma

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All care providers shall be prohibited from using any
						form of behavior modification intervention that may cause pain or trauma upon
						the client unless this behavior modification has been developed into a program
						that is fully described in a treatment plan proposed by the Interdisciplinary
						Team and either endorsed for implementation by a qualified professional
						pursuant to Article 2, or approved by a Behavior Modification Review Committee
						pursuant to Article 3.
1. New
						section filed 9-29-89; operative 10-29-89 (Register 89, No.
						40).
Note: Authority cited: Section
						  4505,
						  Welfare and Institutions Code. Reference: Section
						  4505,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 2 - Review by Qualified Professional › Section 50810 - Designation of Qualified Professionals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each regional center and developmental
					 center shall designate in writing one or more persons to serve as qualified
					 professionals to be responsible for reviewing proposed treatment plans that may
					 cause pain or trauma in accordance with this article. Only physicians or
					 psychologists licensed by the State Department of Consumer Affairs to practice
					 in the State of California or other professionals whose California licensure
					 permits the practice of behavior modification programs may be so designated.
					 The regional center or developmental center, as appropriate, shall designate a
					 sufficient number of qualified professionals to review all proposed treatment
					 plans that may cause pain or trauma within a reasonable period of time
					 following the date of the plans' submission for review.
(b) Each qualified professional designated in
					 (a) shall possess the following minimum qualifications:
(1) One year of experience designing behavior
					 modification programs for persons with developmental disabilities; or
(2) Two years of experience teaching behavior
					 modification at the college level or above.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 2 - Review by Qualified Professional › Section 50811 - Procedures for Review of Proposed Treatment Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Interdisciplinary Teams intending to
					 apply or institute any form of behavior modification interventions that may
					 cause pain or trauma shall, prior to its implementation:
(1) Incorporate or develop the behavior
					 modification into a complete program that is described in a proposed treatment
					 plan as described in Section
					 50822;
(2) Obtain consent for the implementation of
					 the proposed treatment plan; and
(3) Except as specified in (f), forward the
					 proposed treatment plan and documentation of consent for review by the
					 qualified professional designated for the client pursuant to Section
					 50810.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 3 - Review of Behavior Modification Treatment Plans › Section 50820 - Establishment of Behavior Modification Review Committees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each regional center and developmental
					 center shall establish one or more committees to be known as Behavior
					 Modification Review Committees, which shall be responsible for the review and
					 consideration for approval or denial of behavior modification interventions
					 that may cause pain or trauma in the manner specified in this
					 article.
(b) Each Behavior
					 Modification Review Committee shall consist of not less than three persons. The
					 committee shall include at least one California licensed psychologist or other
					 professional whose California licensure permits the practice of behavior
					 modification programs, one California licensed physician, and one Clients'
					 Rights Advocate. The person responsible for the development or implementation,
					 or for review under Section
					 50811, of the treatment plan that
					 is before the committee for approval shall not sit on the committee for any
					 portion of the review and approval of the treatment plan.
(c) either the physician or psychologist or
					 other professional specified in (b) shall have at least three years experience
					 in:
(1) The supervision of the implementation
					 of behavior modification programs;
(2) Teaching behavior modification at the
					 college level or above; or
(3) A
					 combination of (1) and (2).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 3 - Review of Behavior Modification Treatment Plans › Section 50821 - Procedures for Review by Behavior Modification Review Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Behavior
					 Modification Review Committee shall:
(1)
					 Complete a review, within a reasonable time, of each proposed treatment plan
					 which has been referred to the committee pursuant to Section
					 50811.
(2) Upon completion of its review, send
					 written notification to the Interdisciplinary Team which prepared the proposed
					 treatment plan of its decision to approve or disapprove the
					 plan.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 3 - Review of Behavior Modification Treatment Plans › Section 50822 - Criteria for Approval of Behavior Modification Programs Involving Pain or Trauma

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 proposed treatment plans for behavior modification which may cause pain or
					 trauma shall:
(1) Describe the program which
					 is proposed for implementation.
(2)
					 Prescribe procedures for the monitoring and implementation of the behavior
					 modification program by the Interdisciplinary Team.
(3) Identify those staff members authorized
					 to use the approved interventions.
(4) Be accompanied by all of the following:
(A) Documentation that consent has been given
					 for the program described in the treatment plan.
(B) A functional analysis of the target
					 behavior(s).
(C) A history of the
					 prior interventions that have proven unsuccessful.
(D) Evidence of a prior review for the
					 proposed treatment plan by the client's physician, including a statement that:
1. Medical intervention to remediate the
					 target behaviors is not an appropriate course of action; and
2. There are no medical contraindications to
					 the proposed treatment plans.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 3 - Review of Behavior Modification Treatment Plans › Section 50823 - Behavior Modification Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each regional center director and
					 developmental center executive director shall prepare and submit to the
					 Director by February 15 of each year the following annual reports from their
					 respective Behavior Modification Review Committees:
(1) The number and type of behavior
					 modification treatment plans approved by the Behavior Modification Review
					 Committee during the reporting period; and
(2) The source and type of license held by
					 each facility in which approved treatment plans were implemented during the
					 reporting period.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 4 - Electroconvulsive Therapy (ECT) › Section 50830 - Limitations on the Use of ECT

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Physicians shall be prohibited from using ECT on a
						regional center client unless the use of ECT has been developed into a program
						that is fully described in a proposed treatment plan that has been approved by
						the ECT Review Committee pursuant to section
						50833.
1. New
						section filed 9-29-89; operative 10-29-89 (Register 89, No.
						40).
Note: Authority cited: Section
						  4505,
						  Welfare and Institutions Code. Reference: Section
						  4505,
						  Welfare and Institutions Code.