Bonta

The Director of the California Department of Health Services (Director) and the Department of Health Services (collectively the Department) appeal from a judgment for Florence Western Medical Clinic and the clinic’s principal, Accie Mitchell, M.D. (collectively Florence). The judgment, rendered pursuant to Florence’s petition brought pursuant to Code of Civil Procedure section 1094.5, determined Florence owed the Department nothing for claimed overpayment of Medi-Cal fees because the Department failed to comply with the time limitations of former Welfare and Institutions Code section 14171, subdivision (e). We find no error and affirm the judgment.

Facts

In 1983, the Department performed an audit of Florence’s Medi-Cal practice. On October 19, 1984, the Department notified Florence that based on the audit it had determined Florence had been overpaid $385,119 for Medi-Cal services and requested repayment. Florence requested administrative review pursuant to section 14171.

A formal hearing commenced on October 1, 1985, and was conducted through October 4, at which time the hearing was suspended. Numerous continuances were granted until December 9, 1987, when the…