California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 5.1 - Provider Suspension Procedure › Section 9788.3 - Suspension Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Upon receipt by the Administrative Director of the respondent's timely request
					 for hearing, the Administrative Director shall issue a notice of hearing
					 setting forth the date, time, and place of a hearing to determine whether the
					 respondent shall be suspended from participating in the workers' compensation
					 system. The date of the hearing shall be no later than 30 days after the
					 receipt of the request for hearing, which shall be stated on the notice of
					 hearing. The notice shall be served on the respondent by registered or
					 certified mail.
(b) The
					 Administrative Director shall designate a hearing officer to preside over the
					 hearing, which need not be conducted according to the technical rules relating
					 to evidence and witnesses. Any relevant evidence shall be admitted if it is the
					 sort of evidence on which reasonable persons are accustomed to rely in the
					 conduct of serious affairs, regardless of the existence of any common law or
					 statutory rule which might make the admission of the evidence improper over
					 objection in civil actions. Oral testimony shall be taken only on oath or
					 affirmation.
(c) The designated
					 hearing officer shall issue a written recommended Determination and Order re:
					 Suspension, including a statement of the basis for the Determination, within
					 ten (10) days of the date the case was submitted for decision, which shall be
					 served on the Administrative Director. The time requirement of this subdivision
					 is directory and not jurisdictional.
(d) The Administrative Director shall have
					 ten (10) days from the date of receipt to adopt or modify the recommended
					 Determination and Order re: Suspension issued by the designated hearing
					 officer. In the event the recommended Determination and Order of the designated
					 hearing officer is modified, the Administrative Director shall include a
					 statement of the basis for the Determination and Order re: Suspension signed
					 and served by the Administrative Director, or his or her designee. If the
					 Administrative Director does not act within ten (10) days from the date of
					 receipt of the recommended Determination and Order re: Suspension, then the
					 recommended Determination and Order re: Suspension of the hearing officer shall
					 become the Determination and Order re: Suspension on the eleventh (11th)
					 day.
(e) The Determination and
					 Order re: Suspension shall be served on the respondent by registered or
					 certified mail by the Administrative Director, and shall become final on the
					 day it is mailed.
(f) All appeals
					 from the Determination and Order re: Suspension shall be made to the Superior
					 Court of California by writ as provided in the Code of Civil
					 Procedure.
1. New
						section filed 1-6-2017 as an emergency; operative 1-6-2017 (Register 2017, No.
						1). A Certificate of Compliance must be transmitted to OAL by 7-5-2017 or
						emergency language will be repealed by operation of law on the following day.
						For prior history, see Register 2014, No. 16.
2. New section refiled
						6-29-2017 as an emergency; operative 7-6-2017 pursuant to Government Code
						section
						11346.1(d)
						(Register 2017, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 10-4-2017 or emergency language will be repealed by operation of law on the
						following day.
3. New section refiled 9-28-2017 as an emergency;
						operative 10-5-2017 pursuant to Government Code section
						11346.1(d)
						(Register 2017, No. 39). A Certificate of Compliance must be transmitted to OAL
						by 1-3-2018 or emergency language will be repealed by operation of law on the
						following day.
4. Certificate of Compliance as to 9-28-2017 order,
						including amendment of subsection (d), transmitted to OAL 12-29-2017 and filed
						2-7-2018; amendments operative 2-7-2018 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2018, No. 6).
Note: Authority: Sections
						  133 and
						  139.21, Labor
						  Code. Reference: Section
						  139.21, Labor
						  Code.