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§ 50753. Discovery.


Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 2. Health and Welfare Agency - Department of Developmental Services Regulations
Chapter 1. General Provisions
Subchapter 7. Fiscal Audit Appeals
Article 3. Formal Hearing
17 CCR § 50753
§ 50753. Discovery.
(a) A party, after filing a request for a formal hearing, may make a written demand for information to an opposing party. The party receiving such demand must comply within 30 days after its mailing, provided that the 30th day precedes the hearing date and the demand is entitled to:
(1) Obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the formal hearing;
(2) Inspect and make a copy of any of the following in the possession or custody or under the control of the other party:
(A) Statements pertaining to the subject matter of the proceeding made by any party to another party or person;
(B) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for disputed audit findings, not included in Subsection (2) (A) above;
(C) All writings, including, but not limited to, audit work papers, client records, medical records, and invoices or things which the party then proposes to offer into evidence;
(D) Other real or documentary evidence which is relevant and ordinarily admissible in administrative proceedings.
(b) Any records received pursuant to a demand for information under this section which contains client identifying information shall be maintained as confidential information.
(c) For the purpose of this section, “statements” includes written statements by persons, signed or otherwise authenticated by such persons, stenographic, mechanical, electrical or other recordings, or transcripts thereof, or oral statements by persons, and written reports of summaries of such oral statements.
(d) Nothing in this section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as the attorney's work product.
(e) Any denial of discovery shall be in writing and shall be accompanied by a written statement describing the specific reasons for denial as to each item of discovery denied. Such a denial shall be mailed within 30 days after the date of filing the request for discovery.
(f) Any party claiming his/her demand for discovery, pursuant to this section, has not been complied with, may serve upon the nonresponsive party and file with the hearing officer a verified petition to compel discovery. The petition shall set forth the facts showing that the nonresponsive party failed or refused to comply, a description of matter sought to be discovered, the reason or reasons why such matter is discoverable under this section, and ground or grounds of the nonresponsive party's refusal so far as known to the petitioner.
(g) The petition shall be served and filed within 15 days after the nonresponsive party first evidenced his/her failure or refusal to comply with this section, or within 30 days after the demand was made and the party has failed to reply to the demand whichever period is longer. If, from a reading of the petition, the hearing officer is satisfied that the petition sets forth good cause for relief, the hearing officer shall issue a subpoena duces tecum directed at the nonresponsive party requiring him/her to comply within 15 days after the issuance of the subpoena; otherwise, the hearing officer shall issue a written denial. The subpoena duces tecum shall be served upon the nonresponsive party by personal delivery or certified mail. Further proceedings shall be in accordance with Subsection 50754.
(h) Parties requesting discovery pursuant to this section shall be liable for all actual and reasonable costs arising therefrom, except that where a demand is contested, the losing party shall be responsible for all actual and reasonable costs arising from such contest.
(i) The provisions of this section provide the exclusive right to and the method of discovery as to any proceeding governed by this article.
Note: Authority cited: Section 11152, Government Code; and Sections 4648.2 and 4780.5, Welfare and Institutions Code. Reference: Sections 4629, 4648.1 and 4780.5, Welfare and Institutions Code; and Sections 11180, 11181, 11182, 11184, and 11189, Government Code.
1. Renumbering and amendment of former Section 50653 to Section 50753 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).
2. Change without regulatory effect amending subsection (g) filed 1-14-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 3).
This database is current through 6/17/22 Register 2022, No. 24
17 CCR § 50753, 17 CA ADC § 50753
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