This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at https://www.dir.ca.gov/od_pub/disclaimer.html.

Chapter 8. Office of the Director
Subchapter 2. Administration of Self-Insurance Plans
Article 11. Hearing and Appeal Procedures

§15435. Decision.

(a) The hearing officer shall conduct the hearing and provide a written recommendation to the Director and make available the entire record of the hearing. A matter is deemed submitted to the Director either at the close of the hearing, or, at the discretion of the hearing officer, upon the submission of any post-hearing briefs or arguments requested or allowed by the hearing officer.

(b) The decision of the Director shall reflect a summary of evidence, findings of fact and conclusions of law, together with citations to the controlling statutes applied in rendering the decision, and any determinations made by the Director.

(c) The decision shall be mailed within ninety (90) days of the date of submission, with copies of all parties of record. Issuance of a decision may be delayed to allow settlement, or as the interests of justice may require, in which case the Director shall give all parties of record written notice of such delay.

(d) The Director shall make determinations, as required, as to whether there was at the time of the notice of intention or at the time of the decision, good cause to revoke or deny a certificate or certificate to administer.

(e) If the Director determines that an appellant's application was not processed within the time limits which the Director has adopted in these Regulations pursuant to Government Code section 15378, the decision shall include a refund of the fees paid by that appellant for that application.

(f) The decision of the Director shall be final, unless reconsideration pursuant to section 15436 of these regulations is requested.

NOTE: Authority cited: Sections 54, 55 and 3702.10, Labor Code. Reference: Sections 59, 3700, 3701, 3701.5, 3702, 3702.1, 3702.5, 3702.6, 3702.7, 3702.9, 3702.10, 3705, 3740-3747, Labor Code; Sections 11181-11188, 15378, Government Code; Sections 1985-2031, 2033-2036, Code of Civil Procedures.

HISTORY

1. Amendment filed 12-17-90; operative 1-16-91 (Register 91, No. 6).

Go Back Go Back to Article 11 Table of Contents