Article 5.5 — APPEALS TO A HEARING OFFICER

7-173. Grounds for appeal.

(a) A hearing officer selected by the Director of the Office shall hear appeals in only the following:

1. Underestimation, undervaluation, or understatement of construction costs pursuant to Section 7-133(a)(4)(E) and Section 7-133(a)(7)(E).

2. Inspector of Record certification suspension or revocation pursuant to Section 7-214(d).

• (b) An appeal pursuant to subsection (a) may be made only by one of the following:

1. In the case of a dispute regarding underestimation, undervaluation, or understatement of construction costs, the current or prospective licensee of a health facility or their authorized agent.

2. In the case of a dispute regarding Inspector of Record certification suspension or revocation pursuant to Section 7-214(d), only an Inspector of Record whose certification has been suspended or revoked pursuant to Section 7-214(d).

7-175. Formal hearing request.

(a) Consistent with Section 7-173, the appellant may appeal a final ruling, order, decision or act of the Office to a hearing officer. The appellant must submit a request for a formal hearing in writing to the Office within fifteen (15) calendar days of issuance of the written result of the formal conference and must contain the following:

1. The name, mailing or e-mail address, and telephone number of appellant;

2. Identification of the specific ruling, order, decision or act to be reviewed;

3. The reason for the requested review;

4. Specific aspects of the decision with which the appellant disagrees and a proposal of alternatives the appellant would like the reviewer to consider; and

5. Copies of any documents or data the appellant believes support the appellant’s case or that the appellant believes would assist the reviewer.

(b) All appeals submitted after fifteen (15) calendar days of issuance of the result of the formal conference shall be considered only at the discretion of the Office.

7-177. Formal hearing.

(a) A hearing officer selected by the Director of the Office shall act as the sole adjudicator for an appeal pursuant to Article 5.5 and shall conduct a hearing on the appeal.

(b) The hearing officer shall call a hearing on an appeal. The hearing shall be convened at either the Sacramento or the Los Angeles location of the Office.

(c) The hearing shall be held within thirty (30) calendar days of issuance of the written request for formal hearing pursuant to Section 7-175. The parties to the appeal shall be notified in writing of the time and place of the hearing within fifteen (15) calendar days of receipt by the Office of the written request for formal hearing.

(d) The decision shall reflect the judgment of the hearing officer selected to hear the appeal.

7-179. Rights of the appellant.

The appellant shall have the right to counsel, to submit documentary evidence and exhibits to present and rebut evidence, to have witnesses appear and testify, and to question representatives of the Office and other witnesses presenting testimony or documents in the hearing. These rights shall be executed by the appellant at the appellant’s own expense.

7-181. Appeal hearing procedure.

(a) An appeal hearing conducted by the hearing officer shall not be conducted in accordance with strict rules of evidence or courtroom procedure. During the hearing, the hearing officer may accept into the record without formal proof any generally accepted technical, supportive, or validating matter related to the issue.

(b) The hearing officer shall determine the order of witnesses and presentation and introduction of documents, evidence and exhibits into the record of the hearing. The hearing officer may impose reasonable time limits, rule on admissibility of evidence, maintain decorum in the hearings, call recesses and rule on the continuation of the hearings.

(c) The hearing officer may request counsel from the Office for advice on points of law.

(d) The hearing officer shall adjourn the appeal hearing after both the appellant and the Office have had an opportunity to present and rebut evidence.

7-183. Decision on appeal.

A decision on an appeal heard by a hearing officer shall be reached as follows:

(a) The hearing officer shall issue a written decision to the appellant within fifteen (15) calendar days of adjournment of the appeal hearing.

(b) The hearing officer may affirm, reverse or amend the ruling, order, decision or act being appealed.

(c) Decisions of a hearing officer made pursuant to this section shall be final and binding and shall become effective immediately upon issuance of a written decision by that hearing officer unless otherwise specified by that hearing officer. Authority: Health and Safety Code Sections 18929 and 129675-130070. Reference: Health and Safety Code Section 129850 and 129935-129955.