Public Social Services; Aid and Medical Assistance; Computation and Payment of Aid Grants
(a) The hearing held pursuant to Section 11468.1 shall be conducted no later than 180 days after the filing of a timely and specific statement of disputed issues by the provider.
(b) The hearing officer shall take the matter under submission at the conclusion of the hearing. A proposed decision, in a form that may be adopted as the decision of the director, shall be submitted to the director within 180 days after the closure of the record.
(c) Within 120 days after submission of the hearing officer's proposed decision, the director shall:
(1) Adopt the proposed decision with or without reading or hearing the record.
(2) Reject the proposed decision and adopt an alternative decision based upon the documentary and electronically recorded record, with or without taking additional evidence.
(3) Refer the matter to the same or a different hearing officer to take additional evidence. If the case is so assigned, the hearing officer shall, within 90 days, prepare a proposed decision, based upon the additional evidence and the documentary and electronically recorded record of the prior hearing. The director may then take one of the actions described in subdivision (c) in regard to the new proposed decision. The director may return a proposed decision only twice on the same appeal.
(d) (1) The director's decision shall be final when the decision is mailed to the parties. However, the director retains jurisdiction to correct clerical errors.
(2) Copies of the final decision of the director and the hearing officer's proposed decision if it was not adopted by the director, shall be mailed by certified mail to the parties.
(Amended by Stats. 1993, Ch. 1089, Sec. 27.)