Section 120216 - Submission of Proposed Decision(a) The Administrative Law Judge shall submit a proposed decision to the Director or Director's designee within 30 days of the close of the record. The proposed decision shall be based exclusively on the evidence and other material admitted at the state hearing, or after the hearing, but while the record is open. The proposed decision shall specify the reasons for the decision and identify the supporting evidence and applicable statutes or regulations.(b) If the Administrative Law Judge who heard the case is unavailable to prepare the proposed decision, the State Hearing Office shall assign another Administrative Law Judge to prepare the proposed decision on the record and notify the complainant of the right to request a new hearing, provided the complainant agrees to waive the time frame to render a decision required in Section 120217. The Administrative Law Judge shall be considered unavailable within the meaning of this section if the Administrative Law Judge:(2) Has ceased employment as an Administrative Law Judge.(3) Is disqualified under Section 120214.(4) Is unable to write a proposed decision due to circumstances beyond their control.Cal. Code Regs. Tit. 22, § 120216
1. New section filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001, No. 51). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-18-2001 order, including amendment of subsection (a), transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No. 30).
4. Amendment of subsections (a) and (b)(4) filed 11-30-2021; operative 6-1-2022 (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Section 17801, Family Code.
1. New section filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001, No. 51). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-18-2001 order, including amendment of subsection (a), transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No. 30).
4. Amendment of subsections (a) and (b)(4) filed 11-30-2021; operative 6/1/2022 (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.