California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 11 - Medi-Cal Specialty Mental Health Services › Subchapter 1 - General Provisions › Article 3 - Administration › Section 1810.325 - Appeal of Contract Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The MHP may
					 appeal, in writing, a contract termination to the Department within 15 working days
					 after the date of receipt of the notice of termination, setting forth relevant facts
					 and arguments. The Department shall grant or deny the appeal within 30 calendar days
					 after receipt of the appeal. In granting an appeal, the Department may take another
					 action available under Section
					 1810.380(b). The
					 Department's election to take another action shall not be appealed to the
					 Department. Except for terminations pursuant to Section
					 1810.323(b), the
					 Department shall suspend the termination date until the Department has acted on the
					 MHP's appeal.
(b) The MHP may request
					 that a public hearing be held by the Office of Administrative Hearings to allow the
					 Department to show cause for the termination. The public hearing shall be held no
					 later than 30 calendar days after receipt by the MHP of the notice to terminate the
					 contract. In order to give the Office of Administrative Hearings sufficient time to
					 arrange for a hearing, the MHP request for a hearing shall be submitted no later
					 than five working days after receipt of the notice to terminate, by making its
					 request to the Office of Administrative Hearings directly. The MHP shall have no
					 right to a hearing before the Office of Administrative Hearings, unless the request
					 has been submitted no later than five working days after receipt of the notice to
					 terminate.
(c) The Office of
					 Administrative Hearings shall provide written recommendations concerning the
					 termination of the contract to the Department and to the MHP within 30 calendar days
					 after conclusion of the hearing. The Department shall act to grant or deny the
					 appeal within 30 calendar days after receipt of the recommendations of the Office of
					 Administrative Hearings. In granting an appeal, the Department may take another
					 action available under Section
					 1810.380(b). The
					 Department's election to take another action shall not be appealable to the
					 Department or to the Office of Administrative Hearings. Except for terminations
					 pursuant to Section
					 1810.323(b), the
					 Department shall suspend the termination date until the Department has acted on the
					 MHP's appeal.
1. New section
						filed 10-31-97 as an emergency; operative 11-1-97 (Register 97, No. 44). A
						Certificate of Compliance must be transmitted to OAL by 3-2-98 or emergency language
						will be repealed by operation of law on the following day.
2. New section
						refiled 3-2-98 as an emergency; operative 3-2-98 (Register 98, No. 10). A
						Certificate of Compliance must be transmitted to OAL by 6-30-98 or emergency
						language will be repealed by operation of law on the following day.
3.
						New section refiled 6-17-98 as an emergency; operative 6-30-98 (Register 98, No.
						25). Pursuant to Chapter 324 (Statutes of 1998) Item 4440-103-0001(4), a Certificate
						of Compliance must be transmitted to OAL by 7-1-99 or emergency language will be
						repealed by operation of law on the following day.
4. Editorial
						correction of HISTORY 3 (Register 98, No. 39).
5. Editorial correction
						extending Certificate of Compliance date to 7-1-2001 pursuant to Chapter 50
						(Statutes of 1999) Item 4440-103-0001(4) (Register 99, No. 33). Notwithstanding any
						other provision of law, emergency regulations adopted pursuant to Welfare and
						Institutions Code section
						14680
						to implement the second phase of mental health managed care as provided in this part
						shall remain in effect until permanent regulations are adopted, or June 30, 2006,
						whichever occurs first.
6. Editorial correction of HISTORY 5 (Register
						2000, No. 42).
7. Editorial correction of HISTORY 5 and repealer and new
						section filed 5-19-2006; operative 6-18-2006 (Register 2006, No. 20).
Note: Authority cited: Section
						  14680,
						  Welfare and Institutions Code. Reference: Sections
						  5775,
						  5776,
						  5777,
						  5778
						  and
						  5780,
						  Welfare and Institutions Code.