§ 13070. Administrative Review.

(a) The Department may initiate administrative review if a certifying organization registers or certifies an individual whose previous registration or certification was revoked.

(b) A counselor or registrant whose registration or certification was denied, temporarily suspended, or revoked may request an informal review by sending a written request for review to the Director, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, California 95811-4037.

(c) The written request for review shall be postmarked within fifteen (15) working days of the date of the written notice of denial, temporary suspension, or revocation. The written request for review shall state:

(1) The alleged violation of the code of conduct which is at issue and the basis for review.

(2) The facts supporting the request for review.

(d) Failure to submit the written request for review, pursuant to Subsections (b) and (c) of this regulation, shall be deemed a waiver of administrative review.

(e) Within fifteen (15) working days of receipt of the request for review, the Director or the Director's designee shall schedule and hold an informal conference to review the Department's determination, unless:

(1) The counselor or registrant waives the fifteen (15) day requirement, or

(2) The Director or the Director's designee and the counselor or registrant agree to settle the matter based upon the information submitted with the request for review.

(f) At the informal conference, the counselor or registrant shall have the right to:

(1) Be represented by legal counsel,

(2) Present oral and written evidence, and

(3) Explain any mitigating circumstances.

(g) The representatives of the Department who conducted the investigation shall and their attorney may:

(1) Attend the informal conference, and

(2) Present oral and/or written evidence and information substantiating the alleged violation.

(h) The informal conference shall be conducted as an informal proceeding.

(i) Neither the counselor or registrant nor the Department shall have the right to subpoena any witness to attend the informal conference. However, both the counselor or registrant and the Department may call witnesses to present evidence and information at the conference.

(j) The proceedings of the informal conference may be recorded on audio tape by either party.

(k) The Department shall mail its decision to affirm, modify, or dismiss the notice of denial, suspension, or revocation to the counselor or registrant. The decision shall:

(1) Be postmarked and mailed no later than fifteen (15) working days from the date of the informal conference.

(2) Specify the reason for affirming, modifying, or dismissing the suspension or revocation.

(3) Include a statement notifying the counselor or registrant of his/her right to appeal the decision made at the informal conference in accordance with Chapter 5 (commencing with Section 11500) Part 1, Division 3, Title 2 of the Government Code.

(l) The counselor or registrant may appeal the decision made at the informal conference by submitting a written request to the Director, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, California, 95811-4037, postmarked no later than fifteen (15) working days from the date the decision was mailed. Upon receipt of the request for appeal, the Department shall:

(1) Request the Office of Administrative Hearings to set the matter for hearing, and

(2) Notify the counselor or registrant of the time and place of the hearing.

(m) Failure of the counselor or registrant to submit a written request to appeal the decision made at the informal conference postmarked within 15 working days from the date the decision was mailed shall be deemed a waiver of further administrative review and the decision of the Director or the Director's designee shall be deemed final.

HISTORY

1. New section filed 3-25-2005; operative 4-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 12).

2. Change without regulatory effect amending subsections (b) and (l) filed 3-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).

Note

Note: Authority cited: Sections 11755 and 11834.50, Health and Safety Code. Reference: Sections 11833 and 11834.27, Health and Safety Code.