California Welfare and Institutions Code

§ 4712

WIC § 4712 Effective Jun 30, 2022Div. 4.5 · Ch. 7 · Art. 3

Statute text

(a)(1) The fair hearing shall be held within 50 days of the date the appeal request form is received by the department or other agency designated by the department to receive appeal request forms, unless a continuance is granted to the claimant. A claimant’s first request for a continuance made prior to the commencement of the hearing shall be granted without a showing of good cause. A claimant may request additional continuances based on a showing of good cause. A claimant’s request for a continuance shall result in a waiver of the claimant’s Medicaid home and community-based services right to a decision within 90 days of the date the appeal request form is received.

(2)The regional center or state-operated facility also may request a continuance based upon a showing of good cause, provided that the granting of the continuance does not extend the time period for rendering a final administrative decision beyond the 90-day period provided for in this chapter. For purposes of this section, good cause for either party includes, but is not limited to, the following circumstances:

(A)Death of a spouse, parent, child, brother, sister, or grandparent of the claimant or authorized representative, or of the regional center or state-operated facility representative.

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Legislative history

Repealed (in Sec. 56) and added by Stats. 2022, Ch. 49, Sec. 57. (SB 188) Effective June 30, 2022. Operative March 1, 2023, by its own provisions.