reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 1 - Notice of Action › Section 42132 - Reasons for Notice of Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A written Notice of Action shall be sent
						to the applicant, client and/or legal guardian, or authorized representative
						within seven calendar days of the decision by the designated CCS agency when:
(1) The applicant is being denied financial,
						residential, or medical eligibility following completion of the written
						application to the CCS program.
(2)
						A request for a new medical service or program benefit not currently being
						provided to a client or when continuation of a CCS medical service or program
						benefit currently authorized is denied.
(3) The client's eligibility for the CCS
						program is discontinued.
(4) The
						amount the family must repay the program for treatment services is increased.
						However, if the family agrees with the new amount and signs a dated statement,
						which statement may be prepared by either the family or the agency, agreeing to
						the new amount, the family's copy of the statement constitutes written Notice
						of Action. No form is required.
(5)
						The request in subsection (a)(2) is approved, but is modified by the CCS
						program to reduce the frequency or duration, to change the place or provider of
						service, or to alter the nature of the medical services or benefit
						requested.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 2 - Designated CCS Agency › Section 42140 - Right to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						CCS applicant or client who disagrees with a decision of the designated CCS
						agency has the right to appeal that decision except when the service under
						dispute has been ordered or terminated by a CCS physician with responsibility
						for the medical supervision of the client. If the client or person legally
						authorized to decide for the client disagrees with the CCS physician, the
						client shall be provided with names of three expert physicians from whom the
						client will choose one, who will evaluate the child at CCS expense. The opinion
						of the expert physician shall be final.
(b) The agency need not grant a hearing if
						the sole issue is a Federal or State law requiring an automatic change
						adversely affecting some or all recipients.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect relocating article
						  4 heading from preceding section
						  42140 to preceding section
						  41740, relocating article 2
						  heading from preceding section
						  42702 to preceding section
						  42140, renumbering former section
						  42140 to section
						  41740 and renumbering former
						  section 42702 to section
						  42140, including amendment of
						  subsection (a) and NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code. Reference: Sections
							 123850
							 and
							 123925,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 2 - Designated CCS Agency › Section 42160 - First Level Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
						the CCS client or applicant is not satisfied with a decision, he or she may
						submit a written appeal. Appeals in response to a Notice of Action shall be
						postmarked within 30 calendar days from the date of the Notice of
						Action.
(b) The written appeal
						shall describe the issues(s); shall provide available pertinent information to
						support the client or applicant's request, and the action, decision or relief
						sought, including any request for continuation of CCS services during the
						appeal process.
(c) Appeals shall
						be sent to the CCS program in the county of residence as designated below:
(1) In a county which administers CCS
						services "independently" in accordance with section
						123850
						of the Health and Safety Code, the appeal shall be directed to the program
						director or designee of the county CCS agency.
(2) In all other counties, the appeal shall
						be sent to the State CCS Regional Office for that county.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42180 - Request for CCS Fair Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for or client of CCS whose
						appeal, submitted in accordance with section
						42160, has been denied, may
						request a CCS Fair Hearing as follows:
(1) A
						written request shall be filed with the Director within 14 calendar days of the
						date of the written appeal decision. The request for CCS Fair Hearing shall be
						submitted with the written decision rendered in accordance with section
						42160, and shall be signed by the
						applicant or client or legal guardian.
(2) If the Department determines that the
						request is not specific or that necessary information is lacking, the
						Department shall notify the applicant or client within 14 calendar days. The
						applicant or client shall be granted 14 calendar days after the date of request
						for information to submit the additional information.
(3) If the information requested by the CCS
						agency is not provided by the appellant within 14 calendar days, the Hearing
						Officer may defer or deny the request for a Fair Hearing.
(4) The written request for a CCS Fair
						Hearing may be amended by the applicant or client any time during the 14
						calendar day period.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42305 - Notice of CCS Fair Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Written notice of the time and place of a CCS Fair
						  Hearing shall be mailed to each party at least 30 calendar days before the date
						  of hearing.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect relocating chapter
						  9 and article 1 headings from preceding section
						  42305 to preceding section
						  42000 and renumbering former
						  section 42305 to section
						  42000 and renumbering former
						  section 42705 to section
						  42305, including amendment of
						  section and NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code. Reference: Sections
							 123805
							 and
							 123850,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42320 - Time and Place of Formal Fair Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Hearing Officer shall determine the time and place
						  of the Fair Hearing. The Fair Hearing shall be reasonably accessible to the
						  client or applicant requesting the hearing.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect relocating article
						  3 heading from preceding section
						  42320 to preceding section
						  42020 and renumbering former
						  section 42320 to new section
						  42020 and renumbering former
						  section 42707 to section
						  42320, including amendment of
						  section and NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code. Reference: Sections
							 123805
							 and
							 123850,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42321 - Continuation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the CCS
						client's request for appeal or CCS Fair Hearing includes a request for
						continuation or resumption of services previously authorized by the CCS agency,
						during the time the appeal is under active consideration, the medical decision
						regarding the need for continuation of medically necessary services shall occur
						as follows:
(1) If the appeal or Fair Hearing
						request concerns continuing financial or residential eligibility, the client's
						request for continuation of previously authorized medical services shall be
						decided by the prescribing physician.
(2) If the appeal or Fair Hearing request
						concerns medical eligibility or the need for the continuation of previously
						authorized medical services, the CCS agency director shall authorize that the
						client be evaluated by an expert physician whose specialty encompasses the
						client's medical condition and/or service at issue and who is not a CCS
						employee or under consultant contract with CCS.
Within five days of the receipt of the request for
						  evaluation, the CCS agency shall provide the client, parent(s), and/or legal
						  guardian with the names of three such physicians. Within five days of the
						  receipt of the names of the three physicians the client, parent(s) and/or legal
						  guardian shall choose one physician whom the CCS agency shall authorize to
						  perform the evaluation.
Within five days of notification to CCS of the choice
						  of physician the CCS agency shall contact the physician to set up an
						  appointment for an evaluation. The evaluation shall be at a time mutually
						  acceptable to the client and the physician. Medically necessary benefits shall
						  continue until the evaluation has been completed and the physician's
						  recommendation received by CCS.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42326 - Hearing Officer's Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Hearing Officer may, on his/her own motion or the
						  motion of any party, as the Hearing Officer deems appropriate:
(a) Consolidate for hearing or decision any
						number of issues or appeals when the facts and circumstances are similar and no
						substantial right of any party will be prejudiced.
(b) Combine other related hearings to the
						extent confidentiality is not violated, grant continuances, and hold additional
						Fair Hearings as necessary to dispose of all issues.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect renumbering former
						  section 42326 to section
						  42050 and renumbering former
						  section 42709 to section
						  42326, including amendment of
						  first paragraph and NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code. Reference: Sections
							 123805
							 and
							 123850,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42330 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
						request for a CCS Fair Hearing has been accepted, a party to the hearing, by a
						request in writing to the other party, is entitled to:
(1) Obtain the names and addresses of
						witnesses to the extent known to the other party, limited to those intended to
						be called to testify at the Fair Hearing.
(2) Inspect and make a copy of any records in
						accordance with the provisions of section
						11507.6 of
						the Government Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42400 - Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to and
						during the hearing the Hearing Officer may issue subpoenas as deemed
						necessary.
(b) Where a witness is
						material and necessary but attendance presents undue hardship on a medical
						professional's time and practice commitments, testimony may be taken by
						telephone conferencing.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect relocating chapter
						  10 and article 1 headings from preceding section
						  42400 to preceding section
						  42110 and renumbering former
						  section 42400 to section
						  42110 and renumbering former
						  section 42711 to section
						  42400, including amendment of
						  NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code. Reference: Sections
							 123805
							 and
							 123850,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42401 - Preparation for CCS Fair Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A party appearing at a CCS hearing shall have necessary
						  evidence and witnesses present and be ready to proceed. Each party shall make
						  available sufficient copies, as indicated by the Hearing Officer, of any
						  documents to be introduced in evidence.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect renumbering former
						  section 42401 to section
						  42115 and renumbering former
						  section 42712 to section
						  42401, including amendment of
						  NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code. Reference: Sections
							 123805
							 and
							 123850,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42402 - Conduct of CCS Fair Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Testimony shall be taken only on oath or
						affirmation.
(b) The proceedings at
						the CCS Fair Hearing shall be electronically recorded.
(c) The Fair Hearing need not be conducted
						according to the technical rules of evidence and those related to witnesses.
						Any relevant evidence shall be admitted. Hearsay evidence shall not be
						sufficient in itself to support a finding unless it would be admissible over
						objection in civil actions.
(d) The
						Hearing Officer may question any party or witness and may admit any relevant
						and material evidence.
(e) The
						Hearing Officer shall control the taking of evidence in a manner best suited
						for learning the facts and safeguarding the rights of the parties. Prior to
						taking evidence, the Hearing Officer shall set forth the order in which
						evidence will be received.
(f) The
						applicant or client shall present his or her findings and evidence at the
						hearing. The applicant or client has the responsibility of demonstrating that
						the appeal findings were not correctly made. Once the applicant or client has
						presented his or her case, the responsibility shifts to the Department to
						demonstrate that the Department's position regarding disputed issues is
						correct.
(g) The hearing shall be
						conducted in the English language. If a party to the hearing is not proficient
						in the English language and requests language assistance, the Hearing Officer
						shall require the Department to provide an interpreter.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect renumbering former
						  section 42402 to section
						  42120 and renumbering former
						  section 42713 to section
						  42402, including amendment of
						  NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code; and Section
							 11181,
							 Government Code. Reference: Sections
							 123805
							 and
							 123850,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42403 - Offical Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect renumbering former
						  section 42403 to section
						  42125 and renumbering former
						  section 42714 to section
						  42403, including amendment of
						  section heading, section and NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code. Reference: Sections
							 123805
							 and
							 123850,
							 Health and Safety Code; and Sections
							 451 and
							 453,
							 Evidence Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42404 - Continued Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Hearing Officer may continue a CCS Fair Hearing to
						  another time or place upon his or her initiative. Oral notice of the time and
						  place of the continued CCS Fair Hearing shall be given to each party present at
						  the CCS Fair Hearing. Such oral notice shall be confirmed in writing by the
						  Hearing Officer subsequent to the CCS Fair Hearing and prior to the continued
						  hearing.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect renumbering former
						  section 42404 to new section
						  42126 and renumbering former
						  section 42715 to section
						  42404, including amendment of
						  NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code. Reference: Sections
							 123805
							 and
							 123850,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42405 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding
						any other provision of these regulations, and unless otherwise ordered by the
						assigned Hearing Officer, the parties shall exchange copies of all documents
						and other items to be offered into evidence at the hearing other than those for
						impeachment or rebuttal. Each proposed exhibit shall be premarked for
						identification.
(b) Prior to the
						commencement of the CCS Fair Hearing, any party proposing to object to the
						receipt in evidence of any proposed exhibit shall advise the opposing party of
						such objection. The parties shall confer with respect to any objections in
						advance of the CCS Fair Hearing and attempt to resolve the objections. Failure
						to comply with the requirements of (a) above shall constitute a ground for
						objection to the introduction of undisclosed documents and other items into
						evidence other than for impeachment or rebuttal.
(c) In all cases, the Hearing Officer, in
						order to obtain additional evidence necessary for the proper determination of
						the case may:
(1) continue the CCS Fair
						Hearing and hold the record open for either party to produce additional
						evidence;
(2) 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 CCS Fair
						Hearing shall be made available to both parties and each party shall have the
						opportunity for rebuttal;
(3) order
						a further CCS Fair Hearing if the nature of the additional evidence or the
						refutation thereof makes a further hearing necessary.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42406 - Representation at a CCS Fair Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Hearing Officer may refuse to allow any
						person to represent a party in any hearing when the person:
(1) engages in unethical, disruptive or
						contemptuous conduct; or
(2)
						intentionally fails to comply with the proper instructions or orders of the
						Hearing Officer or with the provisions of this article.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42407 - Oral Argument and Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						The Hearing Officer shall grant oral argument and may grant written argument at
						the request of any party made prior to the close of the CCS Fair Hearing. The
						parties shall be advised as to the time and manner within which written
						argument is to be filed.
(b) The
						Hearing Officer may require any party to submit written memorandum pertaining
						to any or all issues raised in the CCS Fair Hearing.
1.
						  Change without regulatory effect pursuant to Section
						  100, Title 1, California Code of
						  Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior
						  history, see Title 17, Part I, Subchapter 3, Sections
						  2890-2923, not
						  consecutive.
2. Change without regulatory effect renumbering former
						  section 42407 to new section
						  42129 and renumbering former
						  section 42718 to section
						  42407, including amendment of
						  NOTE, filed 1-28-2009 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register
						  2009,
						  No. 5).
Note: Authority cited: Sections
							 20,
							 100275(a)
							 and
							 123805,
							 Health and Safety Code. Reference: Sections
							 123805
							 and
							 123850,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42420 - Disqualification of Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Hearing Officer shall voluntarily
						withdraw from any proceedings in which he/she:
(1) cannot conduct a fair or impartial
						hearing; or
(2) has prior knowledge
						of or involvement with either party, or may benefit personally from the outcome
						of a hearing.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42700 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Hearing
						Officer shall take the matter being appealed under submission at the conclusion
						of the hearing. A proposed decision, that may be adopted as the decision of the
						Director, shall be submitted to the Director.
(b) The Director shall take one of the
						following actions:
(1) adopt the proposed
						decision in its entirety; or
(2)
						reject the proposed decision and decide the matter himself or herself based
						upon the record including the transcript; or
(3) order a further hearing to take
						additional evidence. If the case is so assigned, the Hearing Officer shall
						prepare a proposed decision as provided in subsection (a), upon the additional
						evidence and the record of the prior hearing.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42701 - Reasons for Notice of Action. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect filed 1-24-91 pursuant to section
						  100, title 1, California Code of
						  Regulations; operative 1-30-91 (Register 91, No. 8).
3. Change
						  without regulatory effect renumbering former section
						  42701 to section
						  42132 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249,
							 250.6,
							 252,
							 254,
							 255,
							 258
							 and
							 262,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42702 - Right to Appeal. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect relocating article 2 heading from preceding
						  section 42702 to preceding section
						  42140 and renumbering former
						  section 42702 to section
						  42140 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 252
							 and
							 262,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42703 - First Level Appeal. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect renumbering former section
						  42703 to section
						  42160 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 252
							 and
							 262,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42705 - Request for CCS Fair Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect amending subsection (a)(2) filed 1-24-91
						  pursuant to section
						  100, title 1, California Code of
						  Regulations; operative 1-30-91 (Register 91, No. 8).
3. Change
						  without regulatory effect relocating article 3 heading from preceding section
						  42705 to preceding section
						  42180 and renumbering former
						  section 42705 to section
						  42180 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 252
							 and
							 262,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42706 - Notice of CCS Fair Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect renumbering former section
						  42706 to section
						  42305 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42707 - Time and Place of Formal Fair Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect renumbering former section
						  42707 to section
						  42320 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42708 - Continuation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect filed 1-24-91 pursuant to section
						  100, title 1, California Code of
						  Regulations; operative 1-30-91 (Register 91, No. 8).
3. Change
						  without regulatory effect renumbering former section
						  42708 to section
						  42321 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42709 - Hearing Officer's Authority. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect renumbering former section
						  42709 to section
						  42326 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42710 - Discovery. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect renumbering former section
						  42710 to section
						  42330 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42711 - Subpoenas. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect renumbering former section
						  42711 to section
						  42400 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42712 - Preparation for CCS Fair Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect renumbering former section
						  42712 to section
						  42401 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42713 - Conduct of CCS Fair Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect renumbering former section
						  42713 to section
						  42402 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code; and Section
							 11181,
							 Government Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42714 - Office Notice. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect filed 1-24-91 pursuant to section
						  100, title 1, California Code of
						  Regulations; operative 1-30-91 (Register 91, No. 8).
3. Change
						  without regulatory effect renumbering former section
						  42714 to section
						  42403 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Sections
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code; and Sections
							 451 and
							 452,
							 Evidence Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42715 - Continued Hearings. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect filed 1-24-91 pursuant to section
						  100, title 1, California Code of
						  Regulations; operative 1-30-91 (Register 91, No. 8).
3. Change
						  without regulatory effect renumbering former section
						  42715 to section
						  42404 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Section
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 7 - California Children's Services › Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants › Article 3 - CCS Fair Hearing › Section 42716 - Evidence. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-90; operative 1-30-91 (Register 91, No. 8).
2.
						  Change without regulatory effect filed 1-24-91 pursuant to section
						  100, title 1, California Code of
						  Regulations; operative 1-30-91 (Register 91, No. 8).
3. Change
						  without regulatory effect renumbering former section
						  42716 to section
						  42405 filed 1-28-2009 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2009, No. 5).
Note: Authority cited: Section
							 208(a)
							 and
							 249,
							 Health and Safety Code. Reference: Sections
							 249
							 and
							 252,
							 Health and Safety Code.