State hearing: director acts on proposed decision within 30 days or it is deemed adopted
30 days after date the department received the alj's proposed decision, under Cal. Welf. & Inst. Code 10959(a), (b).
Rule text
(b) A proposed decision shall be deemed affirmed and adopted if the director fails to adopt the proposed decision, decide the matter on the record after reviewing the transcript or recording of the hearing without taking additional evidence, or order a further hearing within the 30 days
Calculate this deadline
Deadline
Sunday, December 6, 2026
- Trigger (Date the department received the ALJ's proposed decision): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
Rules applied
Cal. Welf. & Inst. Code 10959(a), (b)
(b) A proposed decision shall be deemed affirmed and adopted if the director fails to adopt the proposed decision, decide the matter on the record after reviewing the transcript or recording of the hearing without taking additional evidence, or order a further hearing within the 30 daysOfficial source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- Expedited Medi-Cal managed care appeals: three business days.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the department received the ALJ's proposed decision on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the department received the ALJ's proposed decision): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Expedited Medi-Cal managed care appeals: three business days.
Related deadlines
- State hearing (W&I 10950): request within 90 days after the order or action complained of (90 days after)
- State hearing: absolute outer limit for good-cause late request, 180 days after the order or action (180 days after)
- State hearing (Medi-Cal managed care): request within 120 calendar days after plan upholds adverse benefit determination or appeal is deemed exhausted (120 days after)
- State hearing: hearing set to commence within 30 working days after request filed (30 business days after)
- State hearing: written notice of time and place at least 10 days before hearing (10 days before)
- State hearing: case record available for claimant inspection at least 5 working days before hearing (5 business days before)
- State hearing: county/agency position statement available at least 2 business days before hearing (2 business days before)
- State hearing: ALJ proposed decision filed with director within 75 days after hearing concludes (75 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.