reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120202 - Scheduling the State Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The state hearing shall:
(a) Be set to commence within 45 days after the
				  hearing request is received by the State Hearing Office.
(b) Be held by telephone or in person within the
				  complainant's county of residence, if the complainant resides in California, unless
				  the complainant requests the hearing be held in another California county.
(1) Hearings for complainants residing outside
				  California shall be conducted by telephone unless the complainant voluntarily offers
				  to return to California for the hearing, or authorizes a representative in
				  California to attend the hearing.
(2)
				  Hearings for complainants who are inmates of penal institutions, or residents of
				  other institutions, shall be conducted by telephone unless the complainant
				  authorizes a representative to attend the hearing.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120203 - Notice of State Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The State Hearing Office shall notify all interested parties at
					 least 10 days prior to the scheduled hearing, of the date, time, and location of the
					 hearing. The hearing notice shall be mailed to the last known address of the
					 complainant. The time frame of the notice shall be permitted to be shortened with
					 the consent of the parties. Any party shall be permitted to waive
					 notice.
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
					 filed 7-24-2002 (Register 2002, No. 30).
4. Amendment 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: Section
						17801, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120205 - Department Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the local child support agency obtains pertinent case
					 information during the course of its investigation of a complaint from a Department
					 source other than Department computer records, the local child support agency may
					 request that a Department representative be made available to provide testimony or
					 other evidence at a state hearing.
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
					 filed 7-24-2002 (Register 2002, No. 30).
4. Amendment of section heading,
					 section and NOTE 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: Section
						17801, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120206 - State Hearing - General Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Attendance at the hearing shall be limited to the complainant, the authorized
				  representative, the local child support agency representative, Department
				  representative, a certified interpreter, and witnesses relevant to the issue.
(1) Other persons may attend the hearing only if
				  their attendance is permitted by the complainant, and the Administrative Law Judge
				  determines their presence will not be adverse to the hearing.
(2) The Administrative Law Judge shall be
				  permitted to exclude a witness during the testimony of other witnesses, or exclude
				  persons who are disruptive to the hearing.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120207 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Administrative
				  Law Judge shall identify the issue(s) and shall state the order in which evidence
				  shall be received. The taking of evidence in a hearing shall be conducted by the
				  Administrative Law Judge in a manner best suited to ascertain the facts and to
				  control the conduct of the hearing.
(b)
				  Except as specified in (1) through (3) below, evidence shall be admitted if it is
				  the type of evidence on which responsible persons are accustomed to rely in the
				  conduct of serious affairs.
(1) The rules of
				  evidence as applicable in judicial proceedings shall not be applicable in state
				  hearings.
(2) The Administrative Law
				  Judge shall be permitted to exclude evidence that is irrelevant, cumulative or
				  unduly repetitious.
(3) The
				  Administrative Law Judge shall exclude evidence that is privileged under the
				  Evidence Code if the privilege is claimed in accordance with
				  law.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120208 - Examination of Records and Issuance of Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The complainant shall have the right to
				  examine non-confidential portions of the case record, portions for which disclosure
				  is authorized under Section
				  111440, or non-confidential information
				  the local child support agency used to make its decision, during regular business
				  hours.
(b) The local child support
				  agency shall reproduce without charge, or at a charge not to exceed the cost of
				  reproduction pursuant to Government Code 6253, all specific policy materials,
				  including regulations, necessary for a complainant to determine whether a state
				  hearing should be requested, or to prepare for a state hearing.
(c) Before the hearing is commenced, the State
				  Hearing Office shall be permitted to, upon the written or oral request of the
				  complainant or the local child support agency, issue either or both of the
				  following:
(1) A subpoena under the authority of
				  Government Code Sections
				  11180 through
				  11191,
				  requiring the presence of any witness whose expected testimony has been shown to be
				  relevant, and not cumulative or unduly repetitious.
(2) A subpoena duces tecum under the authority of
				  Government Code Sections
				  11180 through
				  11191, for the
				  production by a witness of either original or certified copies pursuant to Evidence
				  Code, Sections
				  1530 through
				  1532, of books,
				  papers, correspondence, memoranda, or other records. The party requesting the
				  subpoena duces tecum shall:
(A) Submit a statement
				  under penalty of perjury describing the materials desired to be produced and their
				  relevancy.
(B) Serve the subpoena duces
				  tecum. Service of the subpoena duces tecum shall be made to allow the witness a
				  reasonable time to produce the materials requested and to prepare and submit a
				  statement to the State Hearing Office.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120209 - Witness Fees and Mileage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A witness
				  who is subpoenaed and appears at the hearing at the request of the complainant,
				  shall be permitted to be reimbursed by the Department for witness fees and mileage
				  pursuant to Government Code Section
				  68093.
(b) A witness who is subpoenaed and appears at the
				  hearing at the request of the local child support agency, shall be permitted to be
				  reimbursed by the local child support agency for witness fees and mileage pursuant
				  to Government Code Section
				  68093.
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
					 filed 7-24-2002 (Register 2002, No. 30).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17801, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120210 - Postponements and Continuances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  State Hearing Office or the Administrative Law Judge shall have the authority to
				  postpone the hearing for good cause. Good cause for a postponement is any of the
				  following:
(1) Death in the family.
(2) Personal illness of or injury to the
				  complainant or authorized representative.
(3) Sudden and unexpected emergencies including,
				  but not limited to, traffic accidents on the day of the hearing and illness of or
				  injury to a household or family member who requires immediate care.
(4) A conflicting court appearance that cannot be
				  postponed.
(5) The local child support
				  agency does not make a position statement required by Section
				  120204 available to the complainant at
				  least two business days prior to the date of the scheduled hearing, or the local
				  child support agency has substantively revised the position statement required by
				  Section 120204 subsequent to providing the
				  statement to the complainant and the complainant requests a postponement.
(6) The complainant did not receive notice of the
				  time and place of the hearing. Failure by the complainant to notify the local child
				  support agency or the State Hearing Office of a change of address while a request
				  for state hearing is pending, shall not constitute a reason for postponement under
				  this section.
(7) Any other reason the
				  State Hearing Office or Administrative Law Judge deems
				  appropriate.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120211 - Dismissals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The State Hearing
				  Office shall dismiss a hearing request prior to the hearing when:
(1) The hearing request has been withdrawn
				  pursuant to Section
				  120212.
(2) The issue is not within the jurisdiction of a
				  state hearing as specified in Section
				  120201(a).
(3) The request for state hearing is filed beyond
				  the time limit set forth in Section
				  120201(d)(2).
(4) The request for hearing raises a compliance
				  issue, such as an allegation that the local child support agency and/or Department
				  failed to comply with a previously adopted state hearing decision.
(5) The issue is moot.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120212 - Withdrawals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The complainant
				  shall have the right to make an oral or written request to the State Hearing Office
				  to withdraw the hearing request any time before the Director or Director's designee
				  signs the decision. If the complainant has unconditionally verbally withdrawn the
				  hearing request prior to the hearing, the State Hearing Office shall mail the
				  complainant and the local child support agency a letter confirming the withdrawal of
				  the hearing request, which shall serve as the written withdrawal. The hearing
				  request shall be considered withdrawn unless, within 15 days after the mailing of
				  such letter, the complainant notifies the State Hearing Office verbally or in
				  writing the hearing request has not been withdrawn.
(b) An unconditional written withdrawal of the
				  hearing request shall result in the immediate dismissal of the hearing request. The
				  dismissal shall be without prejudice, and the complainant shall have the right to
				  file a new hearing request raising the identical issue provided the request is filed
				  within the time frames specified in this Article.
(c) A conditional withdrawal of the hearing
				  request shall include a signed agreement between the complainant and the local child
				  support agency. Any agreement under this subsection shall provide that the actions
				  of both parties will be completed within 30 days from the date the conditional
				  withdrawal is signed by both parties. The complainant shall be responsible to
				  reinstate the hearing request within 90 days after receipt of the local child
				  support agency's notice of action(s) taken, if the complainant is not satisfied that
				  the action(s) or ultimate outcome are consistent with the agreement.
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order, including amendment of subsection
					 (c), transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No.
					 30).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17801, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120213 - Abandonment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a complainant or
				  authorized representative fails to appear at the scheduled hearing without good
				  cause as specified in Section
				  120210(a)(1) through
				  (6), the hearing request shall be considered
				  abandoned.
(b) Prior to dismissing a
				  hearing request based on the complainant's abandonment, the State Hearing Office
				  shall notify the complainant by mail that the matter shall be dismissed on the
				  failure of the complainant or authorized representative to appear, and that a
				  dismissal shall occur 15 days after the notice is sent, unless the complainant
				  requests the hearing request be reinstated and establishes good cause as specified
				  in Section 120210(a)(1) through
				  (6) for failing to appear at the hearing.
(1) The State Hearing Office shall have authority
				  to request a written declaration or other verification from the complainant to
				  support the reason(s) for the nonappearance.
(2) If the complainant presents information to
				  explain the failure to appear, but the information fails to establish good cause for
				  the nonappearance, the State Hearing Office shall dismiss the hearing request and
				  provide written notice to the complainant within 10 days of the dismissal.
(3) If the complainant fails to respond to the
				  notification sent by the State Hearing Office within the time allotted, the notice
				  sent pursuant to subsection (b) shall serve as notice of
				  dismissal.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120214 - Disqualification of an Administrative Law Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Administrative Law Judge shall voluntarily
				  withdraw from any proceeding in which the Administrative Law Judge cannot give a
				  fair and impartial hearing or in which the Administrative Law Judge has an
				  interest.
(b) A party may request at any
				  time prior to the close of the record, that the Administrative Law Judge be
				  disqualified upon the grounds that a fair and impartial hearing cannot be held, or a
				  fair and impartial decision cannot be rendered. Such request shall be ruled upon by
				  the Administrative Law Judge prior to the close of the record.
(c) If, at the beginning or during the hearing,
				  the Administrative Law Judge upholds a party's motion for disqualification, the
				  matter shall be postponed for no more than 30 days, and a different Administrative
				  Law Judge shall be assigned. A postponement due to a disqualification of an
				  Administrative Law Judge shall be considered a postponement with good cause. If,
				  after the hearing, but before the close of the record, the Administrative Law Judge
				  determines that disqualification is appropriate, a further hearing shall be granted
				  pursuant to Section
				  120217(a)(3).
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order, including amendment of subsection
					 (c), transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No.
					 30).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17801, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120215 - Communications from a Party After the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Oral and written communications from a party or witness to the
					 Department or the Administrative Law Judge concerning the merits of the case
					 subsequent to the record being closed shall be excluded from the record and shall be
					 disregarded prior to the adoption and release of the decision of the Director or the
					 Director's designee.
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order, including amendment of section,
					 transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No.
					 30).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17801, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120216 - Submission of Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Administrative Law Judge shall submit a proposed decision to the Director or
				  Director's designee within 30 days of the close of the record. The proposed decision
				  shall be based exclusively on the evidence and other material admitted at the state
				  hearing, or after the hearing, but while the record is open. The proposed decision
				  shall specify the reasons for the decision and identify the supporting evidence and
				  applicable statutes or regulations.
(b)
				  If the Administrative Law Judge who heard the case is unavailable to prepare the
				  proposed decision, the State Hearing Office shall assign another Administrative Law
				  Judge to prepare the proposed decision on the record and notify the complainant of
				  the right to request a new hearing, provided the complainant agrees to waive the
				  time frame to render a decision required in Section
				  120217. The Administrative Law Judge
				  shall be considered unavailable within the meaning of this section if the
				  Administrative Law Judge:
(1) Is
				  incapacitated.
(2) Has ceased employment
				  as an Administrative Law Judge.
(3) Is
				  disqualified under Section
				  120214.
(4) Is unable to write a proposed decision due to
				  circumstances beyond their control.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120217 - Action by the Director or Director's Designee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director or Director's designee shall
				  review the proposed decision submitted pursuant to Section
				  120216 and take one of the following
				  actions
(1) Adopt the proposed decision in its
				  entirety.
(2) Make technical or other
				  minor changes in the proposed decision and adopt it as the decision. Action under
				  this paragraph is limited to correcting clerical errors or making a change of a
				  similar nature that does not affect the factual or legal basis of the proposed
				  decision.
(3) Issue an alternate
				  decision based on the case record, including the transcript, with or without taking
				  additional evidence. If the Director or Director's designee renders an alternate
				  decision, the decision shall be in writing and include a statement of the facts,
				  reference to the applicable statutes and regulations, and the reasoning to support
				  the decision. The decision shall be based on only those circumstances and issues
				  existing at the time of the local child support agency and/or Department action or
				  inaction in dispute that were the subject of the unresolved dispute and the request
				  for state hearing.
(4) Order a further
				  hearing to be conducted.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120218 - Issuance of the Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The State
				  Hearing Office shall mail the decision to the complainant and the local child
				  support agency within 10 business days after the decision is adopted by the Director
				  or the Director's designee, as specified in Section
				  120217. The decision shall include a
				  statement concerning the complainant's right to request correction of a clerical
				  error contained in the decision, a rehearing or judicial review, and shall advise
				  the complainant that if a judicial review results in a decision in the complainant's
				  favor, the complainant shall be entitled to reasonable attorney's fees and the cost
				  of the suit.
(b) If the Director or
				  Director's designee renders an alternate decision, or orders a further hearing, a
				  copy of the Administrative Law Judge's proposed decision shall be included and
				  mailed with the final decision within the time frame specified in subsection
				  (a).
(c) Notwithstanding Subsection
				  (a)(2) of Section
				  120217, the Director or Director's
				  designee shall retain authority to rectify clerical errors contained in the decision
				  after the decision has been issued on their own motion under this Section or as
				  otherwise provided by Section
				  120223.
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order, including amendment of subsection
					 (b), transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No.
					 30).
4. Amendment of subsections (a) and (c) 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.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120219 - Availability of State Hearing Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The materials which constitute the exclusive record for the decision, specified in
				  (b), below, shall be available to the complainant and the local child support agency
				  during normal business hours at the Department for three years after the date of the
				  adopted decision.
(b) The record for the
				  decision shall contain all of the following:
(1)
				  The tape recording of the testimony or an official report containing the substance
				  of what transpired at the hearing.
(2)
				  All papers used in the proceeding including the exhibits entered into the
				  record.
(3) The request for hearing
				  filed in the proceeding.
(4) The
				  Administrative Law Judge's proposed decision.
(5) The alternate decision, if
				  any.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120220 - Rehearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The complainant or
				  the local child support agency shall have the right to file a written request for
				  rehearing with the State Hearing Office no later than 30 days after receipt of the
				  adopted decision. The rehearing request shall contain a statement regarding the date
				  the adopted decision was received. In the absence of such statement, the date of
				  receipt shall be either three business days after the date of the postmark on the
				  envelope containing the decision, or three business days after the date the decision
				  was released by the Department or the State Hearing Office, whichever is
				  later.
(b) The filing date of the
				  rehearing request shall be the postmark on the envelope containing the rehearing
				  request. If the postmark on the envelope is unreadable, the filing date shall be the
				  date the request for rehearing is signed. If the postmark is unreadable, and the
				  request for rehearing is undated, the filing date shall be three business days prior
				  to the date the rehearing request is stamped "received" by the State Hearing
				  Office.
(c) If the rehearing request is
				  to permit presentation of additional evidence, the request shall:
(1) Describe the additional evidence.
(2) State why it was not previously
				  introduced.
(3) Explain its
				  materiality.
(4) Explain how the
				  additional evidence will change the outcome of the hearing
				  decision.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120221 - Compliance with Adopted State Hearing Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Immediately upon receipt of the adopted
				  decision, the local child support agency shall:
(1) Initiate action to comply with such
				  decision.
(2) Comply with the adopted
				  decision even if a rehearing is requested and/or granted, unless a request to stay
				  compliance pending rehearing has been requested concurrently with the request for
				  rehearing, and has been granted by the Department.
(3) Comply with a rehearing decision subsequently
				  rendered, to the extent the decision differs from the original adopted
				  decision.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120222 - Authorized Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  complainant shall have the right to appoint an authorized representative during all
				  aspects of the hearing process by signing and dating a written statement to that
				  effect, or by stating on the record at the hearing that the person is so authorized.
(1) If the complainant is not present at the
				  hearing, the written statement authorizing a representative to act on behalf of the
				  complainant for hearing purposes shall be signed and dated by the complainant on or
				  after the date of the action or inaction with which the complainant is
				  dissatisfied.
(2) The authorization may
				  be limited in scope or duration by the complainant, and may be revoked by the
				  complainant at any time. The authorization shall be presumed to be a valid
				  authorization. Such presumption is rebuttable.
(3) If the complainant is not present at the
				  hearing and the written authorization does not meet the requirements set forth in
				  subsection (a), the Administrative Law Judge may proceed with the hearing if the
				  circumstances indicate that the complainant wishes to proceed with the hearing
				  process. In such cases, an amended authorization shall be submitted within five (5)
				  days from the hearing.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120223 - Correction of Mistake or Clerical Error in the Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 11 - Quality Control › Article 1 - Performance Measures › Section 121100 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  local child support agency shall submit to the Department the data specified in this
				  Article so that the Department may measure the performance of each local child
				  support agency in securing child support, spousal support, medical support, and
				  determinations of paternity.
(1) The data required
				  pursuant to Section
				  121120(b), for state
				  performance measures, shall be submitted on a quarterly basis.
(2) The data required pursuant to Section
				  121140(b), for federal
				  performance measures, shall be submitted on an annual basis.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 11 - Quality Control › Article 1 - Performance Measures › Section 121140 - Federal Performance Measures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each local
				  child support agency shall report the following data to the Department for
				  calculation of federal performance measures.
(1)
				  Paternity establishment percentage. The performance measure will be calculated as
				  follows:
The total number of children for whom paternity has been
					 established during the reporting period compared to the total number of children in
					 the caseload who require the establishment of paternity.
(2) Percent of cases with a child support order.
				  The performance measure will be calculated as follows:
The total number of cases with support orders as compared with
					 the total caseload. Support orders are broadly defined as all legally enforceable
					 orders, including orders for health insurance and zero support
					 orders.
(3) Percent of current
				  support collected. The performance measure will be calculated as follows:
The total amount of current support collected as compared to the
					 total amount of current support owed.
(4) Percent of arrears collected. The performance
				  measure will be calculated as follows:
The total number of cases in the caseload for which arrears were
					 collected compared to the total number of cases in the caseload for which arrears
					 are owed.
(5) Cost-effectiveness.
				  The performance measure will be calculated as follows:
The total amount of child support collected and distributed as
					 compared to each dollar expended by the local child support agency. For the purposes
					 of this measurement, the electronic data processing costs for consortia counties
					 will be allocated to each county, based on actual costs.
California Code of Regulations › Title 22 - Social Security › Division 14 - California Office of Health Information Integrity › Chapter 1 - Demonstration Projects for the Electronic Exchange of Health Information › Section 126010 - Applicability of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				regulations in this chapter apply to demonstration project Applicants and
				Demonstration Project Participants as defined in California Health and Safety Code
				§
									130276.
(b) Effective dates. The regulations adopted in
				this chapter will become inoperative on the date the CalOHII Director executes a
				declaration stating that the grant period for the State Cooperative Grant Agreement
				for health information exchange has ended and this chapter will then be
				repealed.
1. New division 14,
				  chapter 1 (sections
				  126010-126090) and section filed
				  1-31-2012; operative 1-31-2012. Exempt from the rulemaking requirements of the
				  Administrative Procedure Act and submitted to OAL for printing only pursuant to
				  Health and Safety Code section
				  130278
				  (Register 2012, No. 5).
Note: Authority cited: Sections
					 130277
					 and
					 130278,
					 Health and Safety Code. Reference: Sections
					 130276,
					 130277,
					 130278
					 and
					 130282,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 14 - California Office of Health Information Integrity › Chapter 1 - Demonstration Projects for the Electronic Exchange of Health Information › Section 126040 - Transparency and Complaint Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Prior to the approval of any demonstration project, the Applicant must provide
				CalOHII with copies of:
(1) The Applicant's Notice
				of Privacy Practices created pursuant to
				45 C.F.R. §
											164.520.
(2) The Applicant's Participants Agreement and a
				list of the entities included in the agreement.
(3) A description of the Applicant's complaint
				mechanism required by §
										126040(d), including
				any documentation or patient educational materials related to the complaint
				process.
California Code of Regulations › Title 22 - Social Security › Division 14 - California Office of Health Information Integrity › Chapter 1 - Demonstration Projects for the Electronic Exchange of Health Information › Section 126042 - Trade Secret Designation and Protections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All of the information provided to CalOHII by
				Demonstration Project Applicant or Participant shall be treated as a public record
				unless such information is designated to be a trade secret or unless the public
				interest in maintaining the confidentiality of that information clearly outweighs
				the public interest in disclosure.
(1) Any
				records, or portion thereof, which the Demonstration Project Applicant/Participant
				wants to protect as a trade secret shall be submitted in a separate sealed envelope
				clearly marked on the outside as "Trade Secret Material." For purposes of this
				section, "trade secret" shall have the same meaning as in the Uniform Trade Secrets
				Act, Civil Code section
				3426 et seq. The
				Application shall contain a declaration under penalty of perjury describing why the
				Applicant/Participant believes the material is a trade secret. After review, if
				CalOHII determines that the material submitted meets the definition of a "trade
				secret", then CalOHII will treat the material as such and will exempt it from
				disclosure. If it is determined that the material does not meet the definition of a
				"trade secret", then the material or information will be disclosed as public
				information in accordance with the Public Records Act, Government Code section
				6250. CalOHII's
				refusal to grant a requested claim of trade secret does not excuse the Applicant
				from establishing all elements of the demonstration project application. Any
				material which CalOHII agrees to consider as a trade secret shall be exempt from
				disclosure under the Public Records Act, Government Code section
				6250 et seq.
				Records for which CalOHII has denied protection as a trade secret shall also be
				exempt from disclosure under the Public Records Act during the time the records are
				in the possession of CalOHII.
(2) The
				Demonstration Project Applicant/Participant shall have the sole burden of
				designating, at the time of its submission, any specific information that it
				believes should be treated as confidential and the reasons
				therefore.
California Code of Regulations › Title 22 - Social Security › Division 14 - California Office of Health Information Integrity › Chapter 1 - Demonstration Projects for the Electronic Exchange of Health Information › Section 126050 - Permitted Purposes for Exchanging Health Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Permitted purposes. The Demonstration Project
				Participants that discloses individual health information through a HIO or an
				independent directed exchange, or uses individual health information in an
				affiliated organization shall be limited to:
(1)
				Treatment.
(2) Reporting to Public
				Health Officials for immunizations, bio-surveillance and mandated
				reporting.
(3) Quality reporting for
				meaningful use to Centers for Medicare and Medicaid Services and the California
				Department of Health Care Services.
(4)
				HIPAA mandated transactions consistent with
				45 C.F.R. §
											162.900 through
				45 C.F.R. §
											162.1802 for transaction standards and code
				sets.
California Code of Regulations › Title 22 - Social Security › Division 14 - California Office of Health Information Integrity › Chapter 1 - Demonstration Projects for the Electronic Exchange of Health Information › Section 126055 - Informing Requirements; Affirmative Consent; Revocation of Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Informing
				Requirements
(1) Prior to requesting consent from
				an individual or the individual's legally authorized personal representative to
				permit the electronic exchange of health information among separate, unaffiliated
				entities, Demonstration Project Participant shall provide notice to the individual
				or the individual's legally authorized personal representative, which at a minimum
				shall contain statements describing:
(A)
				Electronic exchange of health information.
(B) Uses of IHI, which may incorporate the
				Demonstration Project Participant's Notice of Privacy Practices created in
				accordance with 45 C.F.R. §
												164.520, if appropriate.
(C) Benefits and risks associated with disclosing
				IHI through a HIO or independent directed exchange, including the exchange of
				sensitive health information, such as HIV status, mental health records,
				reproductive health records, drug and alcohol treatment records, and genetic
				information which could be inferred or embedded in information that is made
				available through a HIO or independent directed exchange.
(D) Consent requirements.
(E) Specific exceptions to the consent
				requirements for electronic exchange of health information for mandated public
				health reporting and for transmitting mandated HIPAA transactions and code
				sets.
(F) Specific exceptions to the
				consent requirements in emergency situations.
(G) Process for revoking consent, including a
				contact name, phone number, email address, and website.
(H) When the revocation of consent is
				effective.
California Code of Regulations › Title 22 - Social Security › Division 14 - California Office of Health Information Integrity › Chapter 1 - Demonstration Projects for the Electronic Exchange of Health Information › Section 126060 - Requests to Develop Alternative Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Applicant may request to demonstrate an
				alternative requirement from those stated in sections
				126050,
				126055,
				126070,
				126072,
				126074, and
				126076, if the Applicant is currently
				unable to comply with the requirement or has an alternative policy that it wants to
				test. All requests to develop alternative requirements must be submitted to CalOHII
				in writing, and include:
(1) The reason for the
				request.
(2) All supporting
				documentation, such as:
(A) If the reason is
				related to implementation delays, state the timeframe in which the requirement will
				be implemented.
(B) A description of,
				and copies of:
(i) Alternate privacy and security
				provisions that would provide similarly adequate compliance with the California
				Health Information Exchange Practices Principles,
(ii) Clear delineation of the purpose and the
				roles of those who may have access to the individual health information and any
				permitted subsequent use of the information, and
(iii) Information on the governance structure and
				evaluation of security compliance.
California Code of Regulations › Title 22 - Social Security › Division 14 - California Office of Health Information Integrity › Chapter 1 - Demonstration Projects for the Electronic Exchange of Health Information › Section 126070 - Security Requirements - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				All Demonstration Project Participants must:
(1)
				Protect the confidentiality, integrity, and availability of all electronic IHI the
				Demonstration Project Participant creates, receives, maintains, or
				transmits.
(2) Protect against any
				reasonably anticipated threats or hazards to the security or integrity of such
				information.
(3) Protect against any
				reasonably anticipated uses or disclosures of such information that are not
				permitted or required under California law.
(4) Monitor compliance with these requirements by
				the Demonstration Project Participant's workforce.