(a)  Except to the extent otherwise provided in Section 112160 and subdivision (e) of Section 112180, or when a violation is asserted pursuant to Section 112240, when the department asserts a violation of this chapter, all affected persons shall be afforded an opportunity for an administrative hearing after 20 days notice.

(b)  The notice shall include all of the following:

Terms Used In California Health and Safety Code 112265

  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

(1)  A statement of the time, place, and nature of the hearing.

(2)  A statement of the legal authority and jurisdiction under which the hearing is to be held.

(3)  A reference to the particular sections of the statutes, regulations, and rules involved.

(4)  A short and plain statement of the matters asserted.

(c)  Opportunity shall be afforded all persons to respond and present evidence on the issues involved.

(d)  Hearings authorized or required by this chapter shall be conducted by the department or any agent as the department may designate for that purpose.

(e)  Oral proceedings or any part thereof shall be transcribed at the request of any person. The person requesting the transcription shall bear the cost of the transcript.

(f)  Final decisions or orders adverse to any person shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, that shall be separately stated. Persons shall be notified either personally or by mail of any decision or order.

(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)