1. (a) An appellant shall have an opportunity for a hearing in accordance with the requirements of this section.
2. (b) The appeals entity shall send written notice to the appellant of the date, time, and location or format of the hearing no later than 15 business days prior to the hearing date.

3. (c) The hearing shall be conducted:

   1. (1) After notice of the hearing, pursuant to subdivision (b) of this section;
   2. (2) As an evidentiary hearing, consistent with subdivision (e) of this section;
   3. (3) By an administrative law judge not directly involved in the eligibility determination implicated in the appeal; and
   4. (4) By telephone, video conference, or in person, in accordance with the California Department of Social Services' Manual of Policies and Procedures Section 22-045.1.

4. (d) The appeals entity shall provide the appellant with the opportunity to:

   1. (1) Review their appeal record, including all documents and records to be used by the appeals entity at the hearing, at least two (2) business days before the date of the hearing as well as during the hearing;
   2. (2) Bring witnesses to testify;
   3. (3) Establish all relevant facts and circumstances;
   4. (4) Present an argument without undue interference;
   5. (5) Question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses; and
   6. (6) Be represented by an appeals representative.
5. (e) The appeals entity shall consider the information used to determine the appellant's eligibility as well as any additional, relevant evidence presented during the course of the appeals process, including at the hearing.
6. (f) The appeals entity shall review the appeal de novo and shall consider all relevant facts and evidence presented during the appeal process.
7. (g) Postponements and continuances shall be conducted in accordance with the California Department of Social Services' Manual of Policies and Procedures Section 22-053.

Note: Authority cited: Section 100504, Government Code. Reference: Section 100506, Government Code; and 45 CFR § 155.740.

History

1. New section filed 12-3-2013 as an emergency; operative 12-3-2013 (Register 2013, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-2-2014 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-2-2014 as an emergency; operative 6-2-2014 (Register 2014, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-2-2014 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 9-2-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31); operative 9-2-2014 (Register 2014, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-3-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.

4. Senate Bill 75 (Stats. 2015, Ch. 18) modified Government Code section 100504(a)(6) to change the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, Ch. 18), a Certificate of Compliance must be transmitted to OAL by 12-5-2016 or the language in the emergency order of 9-2-2014 will be repealed by operation of law on the following day (Register 2015, No. 38).

5. Certificate of Compliance as to 9-2-2014 order transmitted to OAL 5-4-2016 and filed 6-14-2016 (Register 2016, No. 25).

6. Change without regulatory effect amending subsection (d)(1) filed 9-23-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 39).