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

§ 9788.3. Suspension Hearing.

(a) Upon receipt by the Administrative Director of the respondent's timely request for hearing, the Administrative Director shall issue a notice of hearing setting forth the date, time, and place of a hearing to determine whether the respondent shall be suspended from participating in the workers' compensation system. The date of the hearing shall be no later than 30 days after the receipt of the request for hearing, which shall be stated on the notice of hearing. The notice shall be served on the respondent by registered or certified mail.

(b) The Administrative Director shall designate a hearing officer to preside over the hearing, which need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make the admission of the evidence improper over objection in civil actions. Oral testimony shall be taken only on oath or affirmation.

(c) The designated hearing officer shall issue a written recommended Determination and Order re: Suspension, including a statement of the basis for the Determination, within ten (10) days of the date the case was submitted for decision, which shall be served on the Administrative Director. The time requirement of this subdivision is directory and not jurisdictional.

(d) The Administrative Director shall have ten (10) days from the date of receipt to adopt or modify the recommended Determination and Order re: Suspension issued by the designated hearing officer. In the event the recommended Determination and Order of the designated hearing officer is modified, the Administrative Director shall include a statement of the basis for the Determination and Order re: Suspension signed and served by the Administrative Director, or his or her designee. If the Administrative Director does not act within ten (10) days from the date of receipt of the recommended Determination and Order re: Suspension, then the recommended Determination and Order re: Suspension of the hearing officer shall become the Determination and Order re: Suspension on the eleventh (11th) day.

(e) The Determination and Order re: Suspension shall be served on the respondent by registered or certified mail by the Administrative Director, and shall become final on the day it is mailed.

(f) All appeals from the Determination and Order re: Suspension shall be made to the Superior Court of California by writ as provided in the Code of Civil Procedure.

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 subsection (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).