Section 60075.40 - Decision or Order After Hearing; Correction of Mistakes or Errors; Effective Date of Decision(a) Unless otherwise ordered, all proceedings shall be submitted at the close of the hearing. The hearing officer may extend the submission date and shall, within 30 days after the proceeding is submitted, make findings upon all facts relevant to the issues for hearing, and file an order or decision with the reasons or grounds upon which the order or decision was made.(b) The order or decision shall be in writing, signed and dated by the hearing officer deciding the proceeding.(c) The order or decision may, based on the findings of fact, affirm, modify or vacate the citation or penalty, or direct other relief as appropriate.(d) A copy of the order or decision shall be served on each party or representative together with a statement informing the parties of their right to request that the executive officer reconsider the order or decision pursuant to sections 60075.43, et seq. of these rules.(e)(1) Within five days of the filing of any order or decision, the hearing officer may, at the request of any party or on his or her own motion, on the basis of mistake of law or fact, issue a modified order or decision correcting a mistake or error with respect to any matters determined or covered by the previously issued order or decision. If necessary, the hearing officer may schedule further proceedings to address the issue(s).(2) If a request has been filed under this subparagraph, the request shall be deemed denied if the hearing officer has taken no action to address the request within 15 days of filing of the request.(3) The hearing office shall serve a copy of the modified order or decision on each party that had previously been served with the original order or decision. The modified order or decision shall supersede the previously served order or decision, and the date of service of the modified order or decision shall be the effective date of the decision and order for purposes of sections 60075.41 and 60075.44.(f) The hearing officer shall certify the administrative record and shall make available copies of the administrative record and any issued orders or decisions to the executive officer.Cal. Code Regs. Tit. 17, § 60075.40
1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. Renumbering and amendment of former section 60075.38 to section 60075.40 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Change without regulatory effect repealing version of section 60075.40 in effect prior to 9-1-99 action filed 9-20-99 pursuant to section 100, title 1 California Code of Regulations (Register 99, No. 39).
4. Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36). Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code.
1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. Renumbering and amendment of former section 60075.38 to section 60075.40 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Change without regulatory effect repealing version of section 60075.40 in effect prior to 9-1-99 action filed 9-20-99 pursuant to section 100, title 1 California Code of Regulations (Register 99, No. 39).
4. Amendment of Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).