§ 1010. Consumer Participation Program.
28 CA ADC § 1010Barclays Official California Code of Regulations
28 CCR § 1010
§ 1010. Consumer Participation Program.
This regulation, in accordance with section 1348.9 of the Health & Safety Code, establishes the Department's procedure and criteria, for determining discretionary awards of reasonable Advocacy and Witness Fees on the basis that a Participant Represent the Interests of Consumers in a Proceeding and has made a Substantial Contribution to the Department in its deliberations. Nothing in this article shall be construed to require any person or organization to seek compensation pursuant to this article.
For purposes of this section, the following definitions shall apply:
(1) “Advocacy and Witness Fees” means the amount of compensation a Participant requests for expenses incurred through representing the interests of consumers in any proceeding relating to legislatively authorized guidance, the adoption of any regulation, or the issuance of an order or decision by the Director, including a decision not to adopt a regulation or take an action. The rate used to determine Advocacy and Witness Fees shall not exceed the Market Rate as defined in this section.
(2) “Advocacy Award” means the amount awarded to a Participant, which may be all or part of the Advocacy and Witness Fees requested. The Advocacy Award shall be the amount the Designated Hearing Officer determines to be reasonably incurred by the Participant while representing the interests of consumers during a Proceeding. An approved Participant may request an Interim Advocacy Award and/or final payment of the Advocacy Award consistent with the provisions below.
(4) “Designated Hearing Officer” will be the Director of the Department or his or her designee. The Designated Hearing Officer shall determine the Advocacy Award to be awarded to a Participant for a particular Proceeding. An appeal of an Advocacy Award or denial of an Application for an Advocacy Award will be submitted to the Director.
(6) “Interim Compensation” is a one-time request for Advocacy and Witness Fees made by a Participant. The purpose of Interim Compensation is to allow a Participant to request compensation although a Proceeding is ongoing and the Participant may incur future costs. The Participant requesting Interim Compensation must still file a Petition to Participate and an Application for an Advocacy Award. A request for Interim Compensation does not require or preclude a Participant from requesting additional Advocacy and Witness Fees at a later stage of the Proceeding.
(11) “Proceeding” mean an administrative decision-making process relating to legislatively authorized guidance, the adoption of any regulation, or the issuance of an order or decision by the Director, including a decision not to adopt a regulation or take an action. For purposes of this article, an order or decision shall not include the resolution of individual grievances, complaints, or cases.
(12) “Represents the Interests of Consumers” means the Participant has a record of advocacy on behalf of health care consumers in administrative or legislative proceedings. A Participant that represents, in whole or in part, any entity regulated by the Department shall not be eligible for compensation.
(14) “Substantial Contribution” means the Participant significantly assisted the Department during a Proceeding by presenting relevant issues, evidence, or arguments which were helpful and seriously considered, and the Participant's involvement resulted in more relevant, credible, and non-frivolous information being available to the Director.
(1) The Petition to Participate shall be Submitted to the Director no later than the end of the final public comment period of the rulemaking proceeding in which the person or organization seeks to become involved. For legislatively authorized guidance, orders, or decisions, the Petition to Participate shall be submitted within ten (10) working days after the legislatively authorized guidance, order, or decision, or decision not to issue an order or decision, becomes final. If the Petition to Participate is granted, as long as the information contained in the Petition to Participate remains true and accurate, the Participant will be deemed eligible to seek Advocacy Awards in all future Proceedings and will not be required to submit another Petition to Participate.
(3) After the Petition to Participate is submitted, the person or organization shall promptly disclose to the Department any material changes in the information submitted in the Petition to Participate. The Department may require the Participant to submit an updated Petition to Participate even if a previous Petition to Participate had been granted.
(5) Within thirty (30) days of the Director's receipt of a completed Petition to Participate, the Designated Hearing Officer shall rule on whether the Petition to Participate shall be granted. The Petition to Participate may be denied if the Designated Hearing Officer elects not to award compensation related to the Proceeding, determines that the person or organization does not meet eligibility requirements, or determines that the Petition to Participate does not meet the requirements of this regulation or the governing statute.
(1) The Participant shall Submit to the Director an Application for an Advocacy Award no later than sixty (60) days following the effective date of a regulation; the effective date of an order or decision by the Director, or the decision not to issue an order or decision; or the date of issuance of legislatively authorized guidance. An Application for an Advocacy Award may be submitted during the pendency of a Proceeding.
(B) Legible time and/or billing records, created contemporaneously when the work was performed, which show the date and the exact amount of time spent on each specific task in thirty (30) minute increments. If the Participant submits a request for Interim Compensation during the pendency of a proceeding, the Application shall include the specific time period for which the Interim Compensation is sought;
(2) Within thirty (30) days of posting an Application for an Advocacy Award on the Department's website, any person participating in the Proceeding who questions or objects to anything included in the Participant's Application for an Advocacy Award, including the rate the Participant used to calculate the Advocacy or Witness Fees, shall Submit to the Director an objection to the Application for an Advocacy Award. The Director will refer the objection to the Designated Hearing Officer.
(3) The Designated Hearing Officer may request additional information or documentation from the Participant to clarify or substantiate the Application for an Advocacy Award and may audit the records and books of the Participant to verify the basis for the amount of Advocacy and Witness Fees requested.
(5) Within sixty (60) days following the posting of an Application for an Advocacy Award on the Department's website, the Designated Hearing Officer shall issue a written decision which states whether the Participant has made a Substantial Contribution to the Proceeding and, if so, the Advocacy Award to be granted. The decision will be posted on the Department's website and will be sent, electronically or via regular mail, to all Participants in the Proceeding within a reasonable time.
(6) Within thirty (30) days of posting and sending the Designated Hearing Officer's decision, a Participant who is dissatisfied with the decision may Submit to the Director an appeal of the decision. The appeal should state the relief the Participant seeks and the reasons why the decision should be modified or changed. The Director, or his or her designee, may request additional information if he or she deems it would be helpful in reaching a decision. The review shall be of the written record and limited to whether the Designated Hearing Officer's initial decision constituted an abuse of discretion. The Director or his or her designee's decision will be final and no further administrative remedy will be available to the Participant.
Note: Authority cited: Sections 1341 and 1344, Health and Safety Code. Reference: Section 1348.9, Health and Safety Code.
1. New section filed 6-20-2003; operative 7-20-2003 (Register 2003, No. 25).
2. Amendment filed 3-28-2016; operative 4-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 14).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 28, § 1010, 28 CA ADC § 1010
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