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Hearing Terms E - H
An Alpabetical Listing of Common Terms Related to Hearings
A - D | E - H | I - L | M - P | Q - T | U - Z
- Evidence
Evidence is testimony, documents, material objects, or other things presented at a hearing or during an open record period to prove the existence or nonexistence of a fact.
- Final Decision
A final decision is a decision prepared by a judge under the delegated authority to adopt final decisions on behalf of the appropriate Director(s).
- Filing Date
A filing date is the date a hearing is requested, an ADH is requested, or a rehearing request is granted.
- Further Hearing
A further hearing is an additional hearing ordered by a Presiding Judge to seek additional evidence and/or argument.
Presiding Judges have been delegated the authority to order further hearings. A Presiding Judge orders a further hearing to obtain additional evidence when he/she chooses not to adopt a judges’s proposed decision, allow the proposed decision to be adopted by Action of Law, or issue a Director’s alternate decision.
The further hearing must be ordered on or before the certification expiration date or the certified proposed decision will be adopted by Action of Law.
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H
- Health Recovery
Health recovery refers to the collection of Medi-Cal overpayments.
Health recovery hearings (agency code 65) involve both a County Welfare Department and the CDHS Recovery Section, Overpayments Unit. The involved county determines if a beneficiary was not eligible to Medi-Cal and/or paid a lower share of cost than was owed. The CDHS determines the amount of Medi-Cal benefits disbursed to medical providers, computes the overpayment amount, and sends the collection notices.
- Heard Case
A heard case is a hearing request(s) which was the subject of a hearing conducted by a judge.
- Hearing
A hearing is a quasi-judicial proceeding conducted by a judge, during which each hearing party may present arguments and evidence, including witness(es), and cross examine witness(es) against them.
Hearings are generally conducted with a judge and all hearing participants present (an oral hearing). Some hearings are conducted by telephone. Other hearings are heard on the record with the judge reviewing the evidence of record.
- Hearing Assignment
A hearing assignment is an assignment from a Presiding Judge to a judge to conduct scheduled hearings at a specified hearing site(s) on one (1) or more specified date(s) during a specified week.
A hearing assignment may include one (1) or more hearing calendars. A hearing assignment may include all or part of a hearing circuit, or parts of two (2) or more hearing circuits.
Each week, support staff prepare a Hearing Assignments form which documents the hearing assignments to the judges in that SHD unit.
- Hearing Calendar
A hearing calendar is one (1) day of scheduled hearings.
- Hearing Circuit
A hearing circuit is one (1) to five (5) hearing calendar(s) during one week linked together on the master calendar.
- Hearing Date
A hearing date is the date a hearing or rehearing is heard by a judge at an oral hearing, on the record, or by telephone or questionnaire.
- Hearing File
A hearing file is a DPA 424 with hearing and/or rehearing related documents and evidence. Hearing files are organized with hearing documents on the right and rehearing documents on the left.
- Hearing Number
A hearing number is a number which identifies each hearing request.
A hearing number is assigned by the State Hearing System (SHS) mainframe the first time SHD staff enter information about a hearing request on the SHS.
For hearing requests involving CASPER counties, an "0" is added to the hearing number before the last three (3) digits.
- Hearing Participant
A hearing participant is an individual who appears at a hearing, including hearing parties, authorized representatives, witnesses, interpreters, and District Attorneys.
- Hearing Party
A hearing party is an individual or agency who will be directly affected by the resolution of a hearing request.
A claimant is always a hearing party even if he/she has an authorized representative and even if he/she does not appear at a scheduled hearing.
An agency (e.g., a county, health plan, CDHS unit) is a hearing party if the claimant disputes an action (or inaction) taken by the agency. (Refer to definition of agency.)
Hearing parties do not include an authorized representative, a witness, or an interpreter.
- Hearing Request
A hearing request is a written or oral request seeking a hearing before a CDSS judge. No specific form or format is required. The back of a NOA may be used.
A claimant (or someone on behalf of a claimant) may mail or personally deliver a written hearing request to a county welfare department.
A claimant (or someone on behalf of a claimant) may request a hearing by contacting PIAR by telephone at (800) 952-5253. (The TDD number for the hearing impaired in (800) 952-8349.)
- Hearing Site
A hearing site is a physical location where hearings are conducted.
Many hearing sites are located at county welfare departments. A few hearing sites (Alameda, Los Angeles, San Francisco, and San Joaquin Counties) are located in state buildings.
- HWDC
The Health and Welfare Data Center (HWDC) maintains mainframe computer systems for several state agencies, including the SHS.