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 9788.2 - Provider Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 10 days after the date the notice
					 of suspension is served, the physician, practitioner, or provider may request a
					 hearing as the respondent with the Administrative Director, in which the
					 respondent may contest the allegation that Labor Code section
					 139.21(a)(1)
					 is applicable and the basis for suspension. The respondent must set forth the
					 legal and factual reason for the request for hearing.
(b) Failure to timely file a request for
					 hearing shall constitute a waiver of the physician's, practitioner's, or
					 provider's right to an evidentiary hearing. If a request for hearing is not
					 timely filed, the Order of Suspension shall become effective 30 days after the
					 date that the notice of suspension was mailed. The Administrative Director
					 shall serve an Order of Suspension on the physician, practitioner, or provider
					 after 30 days from the date the notice of suspension is mailed. The Order of
					 Suspension shall provide the written notification required by section
					 9788.4. The Order of Suspension
					 shall be served upon the physician, practitioner, or provider by registered or
					 certified mail. All appeals from the Order of Suspension issued pursuant to
					 this subdivision shall be made to the Superior Court of California by writ as
					 provided in the Code of Civil Procedure.
(c) The request for hearing shall be in
					 writing and signed by the respondent, or the respondent's legal representative
					 on behalf of the respondent, and shall state the respondent's mailing
					 address.
(d) The respondent must
					 file the original and one copy of the request for hearing on the Administrative
					 Director and serve one copy on the Department of Industrial Relations
					 Anti-fraud Unit at the address stated in the notice of suspension. The original
					 and all copies of any filings required by this section shall have a proof of
					 service attached.
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 subsections (a), (b) and (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.