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Hearing Terms Q - T
An Alpabetical Listing of Common Terms Related to Hearings
A - D | E - H | I - L | M - P | Q - T | U - Z
- Quasi Judicial
Quasi judicial refers to the determination(s), action(s), etc., of public administrative officers required to conduct hearings, ascertain the existence of facts, weigh evidence, make legal determinations, and exercise discretion of a judicial nature.
- Queue Calendar
A queue calendar is a hearing calendar for more than one (1) judge.
On a queue calendar, each hearing is assigned to the next available judge.
- Questionnaire Hearing
A questionnaire hearing is a hearing conducted by correspondence, with each hearing party submitting position statements, exhibits, written answers to the judge’s questionnaire, etc., by mail.
Currently, questionnaire hearings are only provided for claimants who are incarcerated. Out-of-state claimants, previously provided with questionnaire hearings, are now provided telephone hearings.
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R
- Reassigned Hearing
A reassigned hearing is a hearing which was conducted by one judge and later reassigned to another judge to prepare a decision.
A hearing is reassigned if the judge who conducted the hearing is not available to prepare a decision or is recused.
- Rehearing
A rehearing is a hearing granted by a Director in response to a hearing party’s rehearing request filed after receiving a released decision.
- Rehearing on the Record
A rehearing on the record is a rehearing limited by a Director to a review of the record without an additional oral hearing.
- Rehearing Request
A rehearing request is a hearing party’s request for another hearing after receiving a released decision.
A rehearing request must be submitted in writing to Rehearing Unit, 744 P St., MS 19-37, Sacramento, CA 95814, no later than 30 calendar days after the hearing party received the released decision copy.
A rehearing request must state specific reasons justifying why a rehearing should be granted.
If a rehearing request is not granted or denied by the appropriate Director within 15 business days of receipt, the rehearing request is deemed denied.
- Released/Releasing
Released means mailed. Releasing means mailing.
Support staff release decisions by mailing decision copies to hearing parties and authorized representatives.
Released decisions may include adopted final decisions, adopted proposed decisions, Director’s alternate decisions, and proposed decisions adopted by Action of Law.
- Release Date
The release date is the date a decision copy is mailed to the claimant(s).
Mailing a decision copy to the claimant establishes the release date even if decision copies are mailed to the other hearing party(ies) and/or authorized representative on a different date.
A release date must be on or before the adopt due date to avoid court-ordered penalties. Releasing a decision after the adopt due date may result in court-ordered penalties, even if the decision was adopted on or before the adopt due date.
A release date may differ from the adopt date and the adopt due date.
- Relevant Evidence
Relevant evidence is evidence which tends to prove or disprove the existence or nonexistence of a fact.
- Remand
A remand is an instruction in the Order of a released decision which instructs an agency to reevaluate its action(s), redetermine eligibility, and/or recompute aid entitlements and alleged overpayments, etc.
For example, a remand may instruct a county to allow a previously denied deduction and to recompute an alleged AFDC overpayment considering this newly allowed deduction.
A remand is identified in the first sentence of an Order as follows: "The claim is granted in part and denied in part."
ReopeningReopening a hearing request
A claimant may request that a hearing request be reopened after a non-appearance or a withdrawal. If this request is granted, the matter is reopened and scheduled for a hearing.
Reopening a hearing record
A judge may reopen the record after a hearing to receive additional evidence. Reopening the record allows hearing parties to submit additional evidence after a hearing but before a decision is prepared.
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- Scope of Benefits
Scope of benefits refers to the medical services available under a plan or program.
Determinations about Medi-Cal scope of benefits are made by Medi-Cal Field Offices.
Determinations about Denti-Cal scope of benefits are made by the Office of Medi-Cal Dental Services.
County Welfare Departments are not involved in scope of benefits determinations.
- SHS
The State Hearing System (SHS) is a mainframe database used by SHD to track hearing requests. The SHS is maintained by the HWDC.
- SHS Hearing Schedule
A SHS Hearing Schedule is a document, printed by the SHS, which lists all scheduled hearings for a specific day at a specific hearing site.
For hearings at the Los Angeles Regional Office hearing site, the SHS prints an SHS Hearing Schedule for each Los Angeles County District Office scheduled that day.
A SHS Hearing Schedule includes spaces for documenting if the scheduled hearings were heard, abandoned, postponed, or withdrawn, which judge heard each hearing, and if and how many days a hearing record was held open.
- Stipulation
A stipulation is an agreement by all hearing parties to a fact or issue.
A stipulation does not exist unless and until all hearing parties clearly agree to it. A party’s silence cannot be used to construe a stipulation.
- Subpoena
A subpoena is a legal document ordering a witness to appear at a hearing or other proceeding.
Support staff receive subpoena requests from hearing parties or authorized representatives by telephone, FAX, or letter.
A written declaration is not required for a subpoena request (as is required for a subpoena duces tecum).
- Subpoena Duces Tecum
A subpoena duces tecum is a legal document ordering the production of physical items, including documents.
A person requesting a subpoena duces tecum must provide a written Declaration for Subpoena Duces Tecum, signed under penalty of perjury.
- Subpoena Duces Tecum, Declaration for
A Declaration for Subpoena Duces Tecum is a form, required by law, which must be signed under penalty of perjury by a person requesting a subpoena duces tecum and must include the hearing party’s written explanation why the requested evidence is necessary and relevant.
A subpoena duces tecum may not be issued until a signed and completed Declaration for Subpoena Duces Tecum is submitted to SHD by FAX or mail.
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- Telephone Hearing
A telephone hearing is a hearing conducted by telephone.
- Testimony
Testimony is verbal evidence provided by a witness who has taken an oath to speak truthfully at a hearing or court proceeding.
- Time Waiver
A time waiver is an agreement by a claimant or authorized representative to extend the adopt due date by a specified number of days.
Time may be waived in writing or orally. Written time waivers are documented on a DPA 421, memo, letter, etc., and oral time waivers are documented by a judge on a DPA 99, DPA 424, or other document.
The number of days waived, not the date the waiver is signed, extends the adopt due date. A time waiver may be dated before, during, and/or after the hearing date; it may be dated after the adopt due date, the adopt date, and/or the release date. The actual waived days may precede the waiver date. A time waiver cannot be revoked or the number of waived days later reduced.
An open record is not a time waiver. A judge may grant an open record even though time was not waived. A judge may hold a record open longer than the number of days waived.
Some, but not all, hearings include a time waiver. Some hearings include more than one (1) time waiver.