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Welfare and Institutions Code (WIC) 10959 and 10966
W&IC §10959
Director's powers after receipt of proposed decision; rehearing
Within 30 days after the department has received a copy of the administrative law judge's proposed decision, the director may adopt the decision in its entirety; decide the matter himself or herself on the record, including the transcript, with or without taking additional evidence; or order a further hearing to be conducted by himself or herself, or another administrative law judge on behalf of the director. Failure of the director to adopt the proposed decision, decide the matter himself or herself on the record, including the transcript, with or without taking additional evidence or order a further hearing within the 30 days shall be deemed as affirmation of the proposed decision. If the director decides the matter, a copy of his or her decision shall be served on the applicant or recipient and on the affected county, and, if his or her decision differs materially from the proposed decision of the administrative law judge, a copy of that proposed decision shall also be served on the applicant or recipient and on the affected county. If a further hearing is ordered, it shall be conducted in the same manner and within the same time limits specified for the original hearing.
(Added by Stats.1965, c. 1784, p. 3992 § 5. Amended by Stats.1986, c. 415, § 6, eff. July 17, 1986.)
W&IC §10966
Delegation of director's powers; decisions by administrative law judges
(a) In addition to any other delegation powers granted to the director under law, the director may delegate his or her powers to adopt final decisions under this chapter to all administrative law judges within specified ranges in the department, in the types of cases deemed appropriate by the director. The authority to adopt final decision shall not be contingent upon the outcome of the judge's resolution of the case or issue, nor upon the identity of a particular administrative law judge. The defined areas of delegation shall be published by the department after interested groups such as the Coalition of California Welfare Rights Organizations, legal aid societies, and the County Welfare Directors Association have had a reasonable amount of time to review and comment.
(b) Notwithstanding any other provisions of this chapter, decisions rendered by the administrative law judges under the authority of this section shall be treated, for all purposes, as the decision of the director. The affected county, recipient, or applicant has the right to request a rehearing pursuant to Section 10962.
(c) If the director chooses to exercise the authority to delegate his or her powers to adopt final decision to administrative law judges, the delegation shall be inw riting. Any such delegation shall be a public record available at all times, including the time of hearing, from each administrative law judge to whom that authority has been delegated. The written delegation instraument shall include paragraphs (1) and (2) of the following, and may include paragraph (3) of the following:
(1) It shall specify the administrative law judges that are authorized to render final decisions on his or her behalf, including the effective date of the authorization.
(2) It shall specify the types of cases or issues that are subject to his or her delegation of final authority.
(3) It may include any other implementation instructions which he or she determines are necessary for the effective implementation of this section.
(d) Decisions rendered by administrative law judges pursuant to the provisions of this section shall be fair, impartial, independent, in writing, and in the format prescribed by the Chief Administrative Law Judge.
(Added Stats.1986, c. 415, § 10.5, eff. July 17, 1986.)