§ 10959. — 10959. (Amended by Stats. 2022, Ch. 944, Sec. 1.)

California § 10959.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 9.: DIVISION 9. PUBLIC SOCIAL SERVICES
• Part 2.: PART 2. ADMINISTRATION
• Ch. 7.: CHAPTER 7. Hearings

Text

(a)
After an administrative law judge has held a hearing and issued a proposed decision, within 30 days after the department has received a copy of the administrative law judge’s proposed decision, or within the three business days for an expedited resolution of an appeal of an adverse benefit determination described in Section 10951.5 after any extensions that may apply under subdivision (c) of Section 10951.5, the director may take any of the following actions:
(1)
Adopt the decision in its entirety.
(2)
Decide the matter themselves on the record after reviewing the transcript or recording of the hearing without taking
additional evidence.
(3)
Order a further hearing to be conducted by the director or another administrative law judge on their behalf that affords the parties the opportunity to present and respond to additional evidence.
(b)
A proposed decision shall be deemed affirmed and adopted if the director fails to adopt the proposed decision, decide the matter on the record after reviewing the transcript or recording of the hearing without taking additional evidence, or order a further hearing within the 30 days or within the three business days for an expedited resolution of an appeal of an adverse benefit determination described in Section 10951.5 after any extensions that may apply under subdivision (c) of Section 10951.5. If the director decides the matter, a copy of the
director’s alternated
decision shall be served on the applicant or recipient and on the affected county, and, if the director’s decision differs materially from the proposed decision of the administrative law judge, a copy of that proposed decision shall also be served on the applicant or recipient and on the affected county. The director’s alternated decision shall contain a statement of the facts and evidence, including references to the applicable sections of law and regulations, and the analysis that supports the director’s decision. If a further hearing is ordered, it shall be conducted in the same manner and within the same time limits specified for the original hearing.

Legislative History

Amended by Stats. 2022, Ch. 944, Sec. 1. (AB 1355) Effective January 1, 2023.