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Hearing Terms M - P
An Alpabetical Listing of Common Terms Related to Hearings
A - D | E - H | I - L | M - P | Q - T | U - Z
- Master Calendar
A master calendar is a document which identifies the hearing circuits for a specific week for all SHD units.
The master calendar is printed by the SHS and distributed to each Presiding Judge about ten (10) calendar days before each week of hearings. For each SHD unit, the Presiding Judge then assigns hearing calendars or circuits to judges in that unit.
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- Nonadopted Decision
A nonadopted decision is a proposed decision which was not adopted by a Presiding Judge or by Action of Law. A nonadopted decision is void.
A proposed decision becomes a nonadopted decision when a Director’s alternate decision is released or a further hearing is ordered, provided one (1) of these two (2) action occurs on or before the certification expiration date.
Support staff affix a void stamp to each page of a nonadopted proposed decision.
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- Open Record
An open record is an allotted time period granted by a judge, during which evidence and/or written arguments or responses may be submitted by one (1) or more hearing parties or evidence may be received from recipients of subpoenas duces tecum.
A judge may leave a record open while conducting a hearing or may reopen a record after a hearing.
Records are typically open for 30 days but may be held open less or more than 30 days. Judges may shorten or extend open records.
An open record is not a time waiver. A time waiver adds days to an adopt due date; an open record does not.
A judge may grant an open record even if time is not waived. A claimant may waive more or less days than the number of days the record is open.
- Out-of-State Claimant
An out-of-state claimant is a claimant who resides outside California.
An out-of-state claimant may appear at a hearing by sending an authorized representative to appear at a scheduled hearing in California or she/he may participate in a telephone hearing upon request.
Previously, hearings for out-of-state claimants were conducted by questionnaire. Questionnaire hearings are no longer provided (with a few exceptions).
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- Paraphrased Regulations
The Paraphrased regulations (pararegs) are edited versions of applicable law complied by the SDTB and made available to CDSS judges and support staff in hardcopy and on the SHD computer program. Staff using the SHD computer program can insert a parareg(s) into a decision or other document prepared on a computer.
SHD also makes pararegs (on hardcopy or diskettes) available to county representatives and claimant advocates, upon request.
The pararegs include selected federal and state case law, SSR, federal statutes and regulations, the DOT, POMS, the California Constitution, California statutes and regulations, the Manual of Criteria for Med-Cal Authorization, the Denti-Cal Provider manual, the MEPM, CDSS ACLs and ACINs, CDHS ACWDLs, the Merck, the DSM-IV, and other legal and medical reference books.
The SDTB selects, for inclusion in the pararegs, the authority most frequently cited by CDSS judges. Most pararegs are CDSS and CDHS regulations with some selections from each of the other sources.
- Position Statement
A position statement is a written document, with attached exhibits, submitted by a hearing party or authorized representative.
If a county is a hearing party, the county must submit a position statement at the hearing and must make the position statement available to the claimant and/or authorized representative at least two (2) business days before the hearing date.
If a managed care health plan or a CDHS unit is a hearing party, the plan or CDHS unit must submit a position statement at the hearing.
Claimants and authorized representatives are not required to submit a position statement(s), but may submit a position statement before, at, or after a hearing.
- Postponement
A postponement is a delay of a scheduled hearing to a subsequent date. When rescheduled, a postponed hearing is generally (but not always) assigned to a different judge.
Postponement requests are granted or denied by SHSS staff before the hearing date and by judges on the hearing date. Postponement requests are not granted after the scheduled hearing date and time, but reopening requests may be. Postponements are only granted for good cause (e.g., death in family).
- Proposed Decision
A proposed decision is a decision prepared by a judge which will be and/or has been certified and submitted to a Presiding Judge.