(a) The hearing officer's primary function shall be to determine either, or both, of the following. Whether the:
(1) Adverse determination being appealed violates the provisions of the Area Plan, department or area agency policies, contract, or grant terms, rules, laws, regulations, or procedural due process.
(2) Selection of a bidder was arbitrary, capricious, grossly erroneous, or an abuse of discretion.
(b) The hearing officer's authority and power shall include, but not be limited to, all of the following:
(1) Holding conferences, including pre-hearing conferences, to settle, simplify, or fix the issue in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceedings.
(2) Requiring parties to state their position with respect to the various issue(s) in the proceeding.
(3) Directing the parties to exchange their evidentiary exhibits and witness lists, and narrative summaries of their expected testimony, either prior to or during the hearing.
(4) Determining the order of evidentiary presentation.
(5) Deciding procedural matters.
(6) Regulating the course of the hearing, including the location, date, and time.
(8) Fixing the limits for submission of written documents.
(9) Taking any action authorized by this hearing procedure.
(10) Recording the hearing.
(c) The hearing officer shall do all of the following:
(1) Conduct a fair and impartial hearing.
(2) Take all necessary actions to avoid delay.
(d) Strict rules of evidence shall not be applicable to hearings pursuant to this article. However, the scope of testimony shall be relevant to the issue(s) identified in the written request for hearing.
(e) The Department may terminate the hearing process if the parties negotiate a written agreement which resolves the issue(s).
Credits
Note: Authority cited: Sections 9102 and 9105, Welfare and Institutions Code. Reference: 42 U.S.C. 3025(b)(5)(C) and 3027(a)(5); and 45 CFR 1321.29(c) and 1321.35(a).
1. Renumbering of former section 8514 to new section 7714 filed 1-29-96; operative 2-28-96 (Register 96, No. 5).
2. Change without regulatory effect amending Note filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 22, § 7714, 22 CA ADC § 7714
