28 CA ADC § 1005


      28 CCR s 1005

      Cal. Admin. Code tit. 28, s 1005


      CALIFORNIA CODE OF REGULATIONS
      TITLE 28. MANAGED HEALTH CARE
      DIVISION 1. THE DEPARTMENT OF MANAGED HEALTH CARE
      CHAPTER 1. DEPARTMENT ADMINISTRATION
      ARTICLE 2. ADMINISTRATION
      This database is current through 06/09/06, Register 2006, No. 23.

      s 1005. Interpretive Opinions.

      (a) The Director in his or her discretion may honor requests from 
      interested person(s) for written interpretive opinions regarding any 
      provision of, or regulation promulgated pursuant to, the Act.

      (b) An interpretive opinion request shall satisfy each of the following 
      conditions:

      (1) The request shall be in writing addressed to the Director in care of 
      the Office of Legal Services at the Sacramento Office of the Department or 
      by e- mail at interpretiveopinion@dmhc.ca.gov. The request shall clearly 
      state that it is a request for an interpretive opinion and set forth the 
      question(s) presented, including the relevant facts and/or circumstances 
      upon which the request is made.

      (2) The persons or entities on whose behalf the request is made shall be 
      identified and all documents relevant to the request shall be appended to 
      the request.

      (c) Each interpretive opinion is applicable only to the matter identified 
      in the specific written request for which the interpretive opinion was 
      prepared. The interpretive opinion may not be relied upon in connection 
      with any other matter.

      (d) Attorneys seeking interpretive opinions on behalf of clients shall 
      include with the opinion requests their own analyses of the issues 
      presented by the request, their views with respect to the issues presented 
      and citations of legal authority in support of those views.

      (e) The Department shall maintain an index of the person(s) on whose 
      behalf an interpretive opinion was prepared, and the nature of the 
request.

      (f) The Director may select interpretive opinions for publication. 
      Published opinions will be available on the Department's web page. The 
      decision to publish an interpretive opinion will be made solely by the 
      Director with regard to the public interest and the legal question(s) 
      considered. The Director may rescind any published opinion and shall 
      notify the party for whom the opinion was prepared of the rescission. 
      Rescission of a published opinion shall be indicated on the Department's 
      website.


      Note: Authority cited: Section 1344, Health and Safety Code. Reference: 
      Section 1344, Health and Safety Code. 


       HISTORY 
         
      1. New section filed 8-12-2002; operative 9-11-2002 (Register 2002, No. 
      33).

      2. Amendment of subsection (a), new subsections (b)-(d), subsection 
      relettering
      and amendment of newly designated subsection (f) filed 10-27-2003; 
      operative
      11-26-2003 (Register 2003, No. 44).

      3. Change without regulatory effect amending subsection (b)(1) filed 
      5-5-2004
      pursuant to section 100, title 1, California Code of Regulations (Register
      2004, No. 19).

      4. Change without regulatory effect amending subsection (b)(1) filed 
      9-9-2004
      pursuant to section 100, title 1, California Code of Regulations (Register
      2004, No. 37).
      28 CA ADC s 1005

      END OF DOCUMENT

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