Section 3999.204.5 - Appeals from or Reconsideration of Capacity Determination Orders(a) Motions for Reconsideration by patients shall be legibly documented and noticed by the CDCR 7704, Penal Code 2604 Reconsideration. Patients who complete this form must submit the form to the Medication Court Administrator (MCA), who shall scan and send a copy on the same day as received to Office of Legal Affairs, CDCR (OLA), the patient's previously-appointed attorney, and to Office of Administrative Hearings (OAH).(1) Patients may seek reconsideration within one year of the decision for which review is sought.(2) OAH shall notice all involved parties of its decision on the Motion for Reconsideration.(3) Upon receipt of a reconsideration ruling by OAH, OLA shall forward a copy of the ruling to the institution's MCA.(b) Motions for Reconsideration by the Department may be filed using a pleading form filed with OAH within 30 calendar days of the signed order for which reconsideration is being sought.(1) If the State's attorney files the Motion for Reconsideration, the patient shall be served with a copy.(2) A copy shall be filed electronically with OAH the same day the patient is served.(3) OAH shall notice all involved parties of its decision on the Motion for Reconsideration.(4) Upon receipt of a reconsideration ruling by the OAH, OLA shall forward a copy of the ruling to the institution's MCA.(c) If a petition is denied by an Administrative Law Judge and there exists new material information that may not be raised in a Motion for Reconsideration, the Department may elect to re-file the case and set forth the additional information.Cal. Code Regs. Tit. 15, § 3999.204.5
1. New section filed 3-1-2021; operative 3-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 10). Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2604 and 5054, Penal Code.
1. New section filed 3-1-2021; operative 3/1/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 10).