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 http://www.dir.ca.gov/od_pub/disclaimer.html.

Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 5.1. Provider Suspension Procedure

New Query


§ 9788.2. Provider Request for Hearing.

(a) Within 10 days after the date the notice of suspension is served, the physician, practitioner, or provider may request a hearing as the respondent with the Administrative Director, in which the respondent may contest the allegation that Labor Code section 139.21(a)(1) is applicable and the basis for suspension. The respondent must set forth the legal and factual reason for the request for hearing.
(b) Failure to timely file a request for hearing shall constitute a waiver of the physician's, practitioner's, or provider's right to an evidentiary hearing. If a request for hearing is not timely filed, the Order of Suspension shall become effective 30 days after the date that the notice of suspension was mailed. The Administrative Director shall serve an Order of Suspension on the physician, practitioner, or provider after 30 days from the date the notice of suspension is mailed. The Order of Suspension shall provide the written notification required by section 9788.4. The Order of Suspension shall be served upon the physician, practitioner, or provider by registered or certified mail. All appeals from the Order of Suspension issued pursuant to this subdivision shall be made to the Superior Court of California by writ as provided in the Code of Civil Procedure.
(c) The request for hearing shall be in writing and signed by the respondent, or the respondent's legal representative on behalf of the respondent, and shall state the respondent's mailing address.
(d) The respondent must file the original and one copy of the request for hearing on the Administrative Director and serve one copy on the Department of Industrial Relations Anti-fraud Unit at the address stated in the notice of suspension. The original and all copies of any filings required by this section shall have a proof of service attached.
Note: Authority: Sections 133 and 139.21, Labor Code. Reference: Section 139.21, Labor Code.
HISTORY
1. New section filed 1-6-2017 as an emergency; operative 1-6-2017 (Register 2017, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-5-2017 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 2014, No. 16.
2. New section refiled 6-29-2017 as an emergency; operative 7-6-2017 pursuant to Government Code section 11346.1(d) (Register 2017, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-4-2017 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-2017 as an emergency; operative 10-5-2017 pursuant to Government Code section 11346.1(d) (Register 2017, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-3-2018 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-28-2017 order, including amendment of subsections (a), (b) and (d), transmitted to OAL 12-29-2017 and filed 2-7-2018; amendments operative 2-7-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 6).


Go BackGo Back to Article 5.1 Table of Contents