(a)
Any person subject to this chapter may contest a determination of delinquent assessments, or other violation of this chapter, and request an informal hearing as outlined in this section.
(b)
A request for an informal hearing shall be submitted in writing to the department.
(c)
A request for an informal hearing shall be submitted within 30 days from the receipt of the department’s adverse determination. The failure to present a timely request for an informal hearing constitutes a waiver of the respondent’s right to contest the adverse determination. The department shall deny an untimely request for a hearing.
(d)
Upon receipt of a timely request for an informal hearing, the department shall provide a notice of the hearing to the respondent that contains all of the following information:
(1)
Date, location, and time of the hearing.
(2)
The department’s contact information, including, but not limited to, applicable telephone and facsimile numbers.
(3)
Subject matter of the adverse determination.
(4)
Any other information or documentation relative to the adverse determination.
(e)
The department shall designate a hearing officer to preside over and conduct the informal hearing. A hearing officer may conduct a hearing by telephone, at the hearing officer’s discretion.
(f)
(1)
The standard of proof to be applied by the hearing officer shall be a preponderance of the evidence, unless statutes or regulations applicable to the determination provide a higher standard.
(2)
The hearing officer shall issue a written decision with a brief statement of the conclusion and findings to support the conclusion within 14 days after the conclusion of the hearing. The hearing officer may issue the decision orally at the conclusion of the hearing, subject to written confirmation.
(3)
The written decision of the hearing officer shall be served on the respondent either by overnight mail or by facsimile transmission.
(g)
The written decision of the hearing officer shall be effective immediately upon receipt and shall be
final.
(h)
The respondent may appeal the hearing officer’s decision in accordance with Section 1094.5 of the Code of Civil Procedure.
