1. (a) The Department may order a reconsideration of all or part of the case on its own motion or on petition of any party. The power to order a reconsideration shall expire 30 calendar days after delivery or mailing of a decision to the provider. The Department may grant a stay of expiration of its power to order reconsideration:

   1. (1) for up to 30 days for the purpose of enabling a party to file a petition for reconsideration; or

   2. (2) for up to 10 days when needed solely for the purpose of considering a petition filed prior to expiration of its power to order reconsideration.

      The petition of a party shall be deemed denied if the Department takes no action within the time allowed for ordering reconsideration.

2. (b) The case may be:

   1. (1) Reconsidered by the Department on all the pertinent parts of the records and such additional evidence and arguments as may be permitted.
   2. (2) Assigned to a hearing officer for further written or oral hearing.
3. (c) The decision for a reconsideration assigned to a hearing officer shall be subject to the procedure provided in section 51044.

Note: Authority cited: Sections 14105, 14124.5 and 14171, Welfare and Institutions Code. Reference: Section 14171, Welfare and Institutions Code.

History

1. Change without regulatory effect amending subsection (a) filed 10-4-90 pursuant to section 100, title 1, California Code of Regulations (Register, No. 45).