(a)
All hearings conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section.(b)
The procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 apply to matters set before the department, except as otherwise provided in this section.(c)
The procedures set forth in Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the procedures set forth in the Administrative Procedure Act, apply to matters set before the Office of Administrative Hearings, except as otherwise provided in this section.(d)
Notwithstanding Section 10951, a resource family, applicant, or excluded individual may file an appeal within 25 days of service of a notice of action. Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action is served by mail, the time to respond shall be extended five days, not to exceed 30 days to file the appeal.(e)
Notwithstanding Section 10951, a county’s action shall be final, or for matters set before the department, an action shall be subject to dismissal, if the resource family, applicant, or excluded individual does not file an appeal to the notice of action within the prescribed time.(f)
Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a hearing under this section shall be held within 90 days following the receipt of a timely appeal or notice of defense, unless a continuance of the hearing is granted for good cause.(g)
If the county or department has issued an immediate exclusion order, the timelines and provisions set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause.(h)
If the county or department has issued a temporary suspension order, the hearing shall be held within 30 days following the receipt of a timely appeal or notice of defense. The temporary suspension order shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department.(i)
Upon a finding of noncompliance, the department may require a foster family agency to deny or rescind the approval of a home, or take other action deemed necessary for the protection of a child who is or who may be placed in the home. The resource family, applicant, or excluded individual shall be afforded the due process provided pursuant to this section.(1)
If the department requires a foster family agency to deny or rescind the approval, the department shall serve an order of denial or rescission notifying the resource family, applicant, and foster family agency of the basis of the department’s action and of the right to a hearing.(2)
The department’s order of the denial or rescission of the approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.(3)
A foster family agency’s failure to comply with the department’s order to deny or rescind the approval by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550 of the Health and Safety Code.(j)
A resource family, applicant, or excluded individual who files an appeal to a notice of action pursuant to this section shall, as part of the appeal, provide his or her current mailing address. The resource family, applicant, or excluded individual shall subsequently notify the county, or department if applicable, in writing of any change in mailing address, until the hearing process has been completed or terminated.(k)
Service by mail of a notice or other writing on a resource family, applicant, or excluded individual in a procedure provided herein is effective if served to the last mailing address on file with the county or department. Service of a notice of action may be by personal service or by first class mail. If the last day for performance of any action required herein falls on a holiday, then such period shall be extended to the next day which is not a holiday.(l)
In all proceedings conducted in accordance with this section, the burden of proof on the department or county shall be by a preponderance of the evidence.(m)
The county or department may institute or continue an administrative proceeding against a resource family, applicant, or excluded individual upon any ground provided by this section, enter an order denying or rescinding the approval, exclude an associated individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or excluded individual, notwithstanding any resignation, withdrawal, surrender of approval, or denial or rescission of the approval by a foster family agency.
Source:
Section 16519.6, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=16519.6..