§ 19705. — 19705. (Amended by Stats. 2012, Ch. 47, Sec. 46.)

California § 19705.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 10.: DIVISION 10. STATE DEPARTMENT OF REHABILITATION
• Part 2.: PART 2. REHABILITATION SERVICES, PROGRAMS, AND FACILITIES
• Ch. 7.: CHAPTER 7. Appeals

Text

(a)
(1)
After consulting with the appellant, the department shall set the time and place of the hearing specified in Section 19704 before an impartial hearing officer and shall give all parties concerned written notice of the time and place of the hearing.
(2)
An impartial hearing officer may change the time and place of the hearing after further consultation with, and to accommodate the convenience of, the appellant. If the appellant consents and each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place and to examine exhibits, all or part of the fair hearing may be
conducted by means other than an in-person hearing.
(b)
At the hearing, the appellant may appear, may be accompanied by a representative of his or her own choosing, or may designate a representative to appear on his or her behalf. The appellant may submit the matter on the written record and waive the right to appear at the hearing.
(c)
Upon a joint request of the parties or upon a showing of good cause by either party, the impartial hearing officer may grant extensions of time or continuances of the hearing.
(d)
(1)
The hearing shall be conducted by an impartial hearing officer who has no personal, financial, professional, or other interest that would conflict with his or her objectivity in
conducting the hearing. The impartial hearing officer shall be knowledgeable regarding the federal and state laws and regulations applicable to the department.
(2)
The hearing shall not be conducted according to the technical rules of evidence and those related to witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. All testimony shall be under oath or affirmation, which the impartial hearing officer is empowered to administer.
(3)
The
impartial hearing officer shall do all of the following:
(A)
Consider the presentation of relevant viewpoints about the issues of disagreement.
(B)
Examine the evidence presented during the hearing.
(C)
Issue a decision to the parties, written in ordinary and concise language and in compliance with federal and state law and regulations, that includes findings and grounds for the decision, within 30 days of the completion of the hearing.

Legislative History

Amended by Stats. 2012, Ch. 47, Sec. 46. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.