The Office of Administrative Hearings and Appeals
The Office of Administrative Hearings and Appeals (OAHA) is an administrative hearing forum created by the Department of Health Care Services to provide a fair and impartial appeal process for providers and individuals who are dissatisfied with actions taken by the Department.
In addition, OAHA is responsible for adjudicating appeals of
residents who face involuntary transfer or discharge from their skilled nursing facility (SNF) or whose SNF has refused to readmit the resident following a period of hospitalization or pre-approved therapeutic leave.
To provide a fair, efficient, and timely hearing process and to issue decisions consistent with laws and regulations.
The Appeal Process
OAHA conducts both INFORMAL and FORMAL hearings.
An INFORMAL hearing is held before a Hearing Officer. It is relatively informal, and often neither side is represented by an attorney. In many informal hearings, though, witnesses are sworn and a recording is made.
A FORMAL hearing is before an Administrative Law Judge. It is somewhat like a trial in court, with questions asked of sworn witnesses and exhibits submitted into evidence. All formal hearings are recorded by a court reporter or digital recorder. The Administrative Law Judge will preside and guide the hearing. The Judge cannot help you present your case, or assist you with strategy, but will make sure that you have a fair opportunity to understand the process and to present your case.
Most cases begin with a hearing notice which will tell you whether you have an INFORMAL or FORMAL hearing. The notice should inform you of where to find the rules and procedures applicable to your hearing. Informal hearings are governed by the provisions of Title 22, California Code of Regulations, beginning with section 51016; whereas most formal hearings are governed by the Administrative Procedure Act, found in California Government Code, beginning with section 11370.
3831 N. Freeway Blvd., Suite 200
Sacramento, CA 95834