(a) The hearing regarding a rate 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 department, shall be submitted to the department within 180 days after the closure of the record.

Terms Used In California Welfare and Institutions Code 11468.4

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.

(c) Within 120 days after submission of the hearing officer’s proposed decision, the department 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 department may then take one of the actions described in subdivision (c) in regard to the new proposed decision. The department may return a proposed decision only twice on the same appeal.

(d) (1) The department’s decision shall be final when the decision is mailed to the parties. However, the department retains jurisdiction to correct clerical errors.

(2) Copies of the final decision of the department, and the hearing officer’s proposed decision if it was not adopted by the department, shall be mailed by certified mail to the parties.

(Amended by Stats. 2017, Ch. 732, Sec. 89. (AB 404) Effective January 1, 2018.)

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