Cal. Code Regs. Tit. 10, § 6614 - Hearing Requirements
(a) An
appellant shall have an opportunity for a hearing in accordance with the
requirements of this section.
(b)
When a hearing is scheduled, the appeals entity shall send written notice to
the appellant and the appellant's authorized representative, if any, of the
date, time, location, and format of the hearing no later than 15 days prior to
the hearing date unless:
(1) The appellant
requests an earlier hearing date; or
(2) A hearing date sooner than 15 days is
necessary to process an expedited appeal, as described in Section
6616(a),
and the appeals entity has contacted the appellant to schedule a hearing on a
mutually agreed upon date, time, and location or format.
(c) The hearing shall be conducted:
(1) Within 90 days from the date on which a
valid appeal request is received, except for the expedited appeals specified in
Section
6616;
(2) After notice of the hearing, pursuant to
subdivision (b) of this section;
(3) As an evidentiary hearing, consistent
with subdivision (e) of this section;
(4) By an administrative law judge who has
not been directly involved in the eligibility determination or any prior
Exchange appeal decisions in the same matter; and
(5) By telephone, video conference, or in
person, in accordance with the California Department of Social Services' Manual
of Policies and Procedures Section 22-045.1.
(d) The appeals entity shall provide the
appellant with the opportunity to:
(1) Review
his or her appeal record, including all documents and records to be used by the
appeals entity at the hearing, at least two business days before the date of
the hearing as well as during the hearing;
(2) Bring witnesses to testify;
(3) Establish all relevant facts and
circumstances;
(4) Present an
argument without undue interference;
(5) Question or refute any testimony or
evidence, including the opportunity to confront and cross-examine adverse
witnesses; and
(6) Be represented
by an authorized representative, legal counsel, a relative, a friend, or
another spokesperson designated by the appellant.
(e) The appeals entity shall consider the
information used to determine the appellant's eligibility as well as any
additional relevant evidence presented during the appeal process, including at
the hearing.
(f) The appeals entity
shall review the appeal de novo and shall consider all
relevant facts and evidence presented during the appeal.
(g) Postponements and continuances shall be
conducted in accordance with the California Department of Social Services'
Manual of Policies and Procedures Section 22-053.
Notes
Note: Authority cited: Section 100504, Government Code. Reference: Sections 100503 and 100506, Government Code; and 45 CFR Section 155.535.
2. New section, including amendment of subsections (b), (e) and (f), refiled 4-1-2014 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 4-1-2014 (Register 2014, No. 14). A Certificate of Compliance must be transmitted to OAL by 6-30-2014 or emergency language will be repealed by operation of law on the following day.
3. Refiling of 4-1-2014 action on 6-30-2014 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 6-30-2014 (Register 2014, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-29-2014 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-30-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 ( Stats.
5. Editorial correction of History 4 (Register 2014, No. 45).
6. Editorial correction of History 4 (Register 2014, No. 50).
7. New section refiled 12-12-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 ( Stats.
8. New section refiled 5-11-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31); operative 5-11-2015 (Register 2015, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-30-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.
9. Senate Bill 75 (Stats. 2015, Ch. 18) modified Government Code section 100504(a)(6) to change the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, Ch. 18), a Certificate of Compliance must be transmitted to OAL by 9-30-2016 or the language in the emergency order of 5-11-2015 will be repealed by operation of law on the following day (Register 2015, No. 38).
10. New section refiled 9-17-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 9-17-2015 (Register 2015, No. 38). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 9-17-2015 will be repealed by operation of law on the following day.
11. New section refiled 12-14-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 12-14-2015 (Register 2015, No. 51). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 12-14-2015 will be repealed by operation of law on the following day.
12. New section refiled (including amendment of subsection (b) and new subsections (b)(1)-(2)) on 6-6-2016 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 6-6-2016 (Register 2016, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 6-6-2016 will be repealed by operation of law on the following day.
13. Senate Bill 833 (Stats. 2016, c. 30) modified Government Code section 100504(a)(6) to extend the date upon which a Certificate of Compliance must be transmitted to OAL. Refiling of 6-6-2016 order on 9-30-2016 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 9-30-2016 (Register 2016, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
14. New section refiled 2-16-2017 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31); operative 2-16-2017 (Register 2017, No. 7). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or the language in the emergency order of 2-16-2017 will be repealed by operation of law on the following day.
15. New section refiled 10-26-2017 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 833 (Stats. 2016, c. 30), Senate Bill 75 (Stats. 2015, c. 18) and Senate Bill 857 (Stats. 2014, c. 31); operative 10-26-2017 (Register 2017, No. 43). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or the language in the emergency order of 10-26-2017 will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-26-2017 order transmitted to OAL 8-10-2018 and filed
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