| (a) Hearings Requested by the Division. The division
may request a hearing before SOAH as permitted by the APA, the Act,
and division rules.
(b) Requests for Hearing by Other Parties. Other Parties
may file requests for hearings before SOAH as permitted by the APA,
the Act, and division rules. The request for hearing must be in writing.
The request for hearing must be filed with the Chief Clerk of Proceedings.
(c) Date Deemed Filed or Received. When a request for
a hearing is addressed to the Chief Clerk of Proceedings but is sent
to an office other than the Chief Clerk of Proceedings, the date filed
or received shall be the date the request is received by the division.
The request for hearing will be forwarded to the division's Chief
Clerk of Proceedings, but this may result in delay of processing the
request. When a request for a hearing is not addressed to the Chief
Clerk of Proceedings, it will not be considered filed or received
by the division unless it is actually received by the Chief Clerk
of Proceedings. Otherwise, a request for a hearing is deemed filed
as of the date of the division date stamp placed on the document or
other evidence of receipt.
(d) Deadlines for Filing. A request for hearing before
SOAH must be filed with the Chief Clerk of Proceedings within the
following time periods:
(1) medical fee dispute under Labor Code §413.031
and §413.0312: 20 days after the conclusion of the benefit review
conference under Chapter 141 of this title (concerning Dispute Resolution--Benefit
Review Conference);
(2) administrative violation: 20 days after receipt
of a notice of possible administrative violation under Labor Code §415.032
and §180.8 of this title (concerning Notices of Violation; Notices
of Hearing; Default Judgments);
(3) interlocutory order: 20 days after receipt of an
interlocutory order for payment under Labor Code §413.055;
(4) emergency cease and desist order: not later than
the 30th day after the date the affected person receives the order;
(5) division audit or review: 20 days after receipt
of a division refund order issued pursuant to a division audit or
review; or
(6) requests for hearing not specified in this subsection:
the time for filing a request for hearing before SOAH is 20 days after
receipt of a notice of the action that the party is requesting a hearing
on, unless specified in other law.
(e) Requests for Hearing Under Labor Code §413.031
and §413.0312. If the request for hearing is based on Labor Code §413.031
and §413.0312, the request must be in the form and manner specified
by the division and must:
(1) contain a statement indicating that it is a request
for hearing;
(2) include a copy of the findings and decision on
which a hearing is being requested;
(3) include verification of the date of the conclusion
of the Benefit Review Conference;
(4) be signed by a requestor or respondent as defined
by §133.305 of this title (concerning MDR--General), or its representative;
and
(5) include a certificate of service demonstrating
that the request has been sent to the other party in accordance with
the requirements of §133.307 of this title (concerning MDR of
Fee Disputes), in substance as follows: "I hereby certify that I have
on this ___ day of __________, 20 __, served a copy of the attached
instrument on (state the name of the other parties on whom a copy
was served) by (state the manner of service.)"
(f) Notice of Violation.
(1) If a person receives a notice of violation, the
person charged must file an answer not later than the 20th day after
the date of receipt of the notice. The answer must either:
(A) remit the amount of the sanction to the division
or otherwise consent to the imposed sanction; or
(B) request a hearing.
(2) If the person charged does not file an answer to
the notice of violation, the division shall schedule a hearing at
SOAH, pursuant to §180.8(c) of this title (concerning Notices
of Violation; Notices of Hearing; Default Judgments).
(g) Dismissal of Late Filings. The division, or the
ALJ pursuant to paragraph (3) of this subsection, shall dismiss a
request for hearing filed later than the deadline date. This subsection
does not apply to requests for hearing submitted in response to a
Notice of Violation pursuant to §180.8 of this title.
(1) The division shall send a letter to the requestor
informing the requestor that the untimely request will be dismissed
unless the requestor provides information about timely filing or good
cause for untimely filing within 10 working days of the date of the
letter.
(2) If the requestor responds with information about
timely filing or good cause, the Chief Clerk of Proceedings will send
the request for hearing and the additional filing or good cause information
to SOAH.
(3) The SOAH ALJ will dismiss a request for hearing
that the ALJ determines to be filed later than the deadline date without
good cause.
(h) Division Delivery of Request for Hearing to SOAH.
The Chief Clerk of Proceedings shall send the request for a hearing
to SOAH within 20 working days of receipt, unless:
(1) the decision has been withdrawn under the provisions
contained in §148.8 of this title (concerning Withdrawal of Hearing
Request);
(2) the request for hearing has been dismissed under
subsection (g) of this section;
(3) the division has notified the parties of a proposed
clerical correction to the order or decision; or
(4) a party has requested a correction of clerical
error with the division.
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