California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 6 - Health Workforce Pilot Project Program › Article 8 - Project Completion/Termination › Section 92702 - Termination of Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A pilot project may be terminated during the term of
					 approval in the following way:
(a) In
				  the event of a general or non-critical failure to comply with the program's
				  statute, regulations or conditions of the approved application, a written
				  notice of intent to terminate, stating with specificity the reasons for the
				  intended termination, shall be served on the project director and sponsor
				  thirty (30) calendar days before the termination is to become effective.
(1) If a project director or sponsor desires
				  to protest the termination, that director or sponsor shall, within seven (7)
				  calendar days after service of notice of intent to terminate, serve upon the
				  program, written notice requesting that an informal conference be scheduled to
				  review the matter with the Deputy Director.
(2) The Deputy Director, or designee, shall
				  hold, within fourteen (14) calendar days from the service of the request, an
				  informal conference.
(A) The project director
				  or sponsor shall have the right to be represented by legal counsel and to
				  present oral or written evidence or other information in its behalf at the
				  informal conference.
(B) The
				  representatives of the program shall attend the conference and present evidence
				  or information, oral or written, in substantiation of the recommended
				  termination.
1. The conference shall be a
				  simple, informal proceeding and shall not be conducted in the manner of a
				  judicial hearing or as a hearing under the Administrative Procedure Act
				  (Chapter 5, commencing with Section
				  11500 of Part 1 of Division 3 of
				  the Government Code), and need not be conducted according to technical rules
				  relating to evidence and witnesses.
2. Neither the project director, sponsor, nor
				  the program, shall have the right to subpoena any witnesses to attend the
				  conference, or to formally cross-examine any person testifying at the
				  conference. However, the project director or sponsor and the program may
				  present any witnesses on their behalf at the conference.
(C) Within three (3) calendar days of the
				  conclusion of the informal conference the Deputy Director shall either
				  recommend the termination or withdraw the notice of intent to terminate. The
				  Deputy Director shall state the decision in writing and shall immediately
				  transmit a copy of the decision to the project director or sponsor.
(D) If the project director or sponsor
				  desires to contest the decision made after the informal conference, that
				  director or sponsor shall serve written notice on the Deputy Director within
				  seven (7) calendar days after service of the decision of the informal
				  conference.
(E) If the project
				  director or sponsor fails to notify the Deputy Director of the intention to
				  contest the decision of the informal conference within the specified time, the
				  decision by the Deputy Director shall be deemed a final order of the Director
				  and shall not be subject to further administrative review.
(F) Upon notifying the Deputy Director, in
				  writing, of the intention to contest the decision of the informal conference
				  the project director or sponsor shall, within seven (7) calendar days of the
				  service of the decision of informal conference, serve upon the Director and the
				  program a memorandum or brief which sets forth, with particularity, the
				  specific grounds for contesting the decision and the support for these
				  grounds.
(G) Within seven (7)
				  calendar days of the service of the project director's or sponsor's memorandum
				  or brief, the program may serve a memorandum or brief containing its arguments
				  in support of the decision of the informal conference on the Director and the
				  project director or sponsor.
(H)
				  Within seven (7) calendar days from the service of the program's arguments, the
				  project director or sponsor may serve a reply memorandum or brief containing
				  its arguments to the program's position of the Director and the program. The
				  project director or sponsor shall notify the Director in writing within seven
				  (7) calendar days from the service of the program's memorandum or brief, if no
				  reply will be filed.
(I) The
				  Director shall, within seven (7) calendar days from the service of the project
				  director's or sponsor's counter arguments, or within seven (7) calendar days
				  from the service of the notice that no reply brief will be filed, render a
				  decision to either terminate the project or to withdraw the notice of intent to
				  terminate. The decision shall be in writing and shall state the reasons for the
				  decision. The decision shall be immediately transmitted to the project director
				  or sponsor. This decision shall be deemed a final order of the Director and
				  shall not be subject to further administrative
				  review.