WHO MAY APPEAL AND REASONS FOR AN
APPEAL
Any person with a developmental disability or who is believed to have a developmental
disability, or their authorized representative, who is dissatisfied with any action of the
Regional Center shall have an opportunity for a fair hearing.
This right applies when you or your authorized representative receive notice of any
action of the Regional Center that you believe is illegal, discriminatory or not in your
best interest. It also applies if you have been refused the opportunity to apply for
Regional Center services. In general, an appeal must be filed within 30 calendar days
after notification of the decision or action. However, if you are currently receiving a
service from the Regional Center and wish to continue receiving this service during the
appeal process, you must file no later than ten (10) calendar days after your receipt of
the notice of the proposed action.
NOTICE REQUIREMENT
You must be sent a notice, by certified mail, at least thirty (30) calendar days before
your services are reduced, terminated, or changes made in your Individual Program Plan
(IPP) without your consent. If any action is taken for your health or safety in an
emergency, you must be given notice within ten (10) calendar days after the action.
REQUEST FOR A FAIR HEARING
You may tell anyone at the Regional Center (for example, your Case Manager) that you
want a fair hearing for yourself or someone you represent. That person must provide you
with the Fair Hearing Appeal Request form. They can also help you fill out the form if you
need or want some assistance. If the person willfully fails to give you the form or help
you with it when you request it, it is a misdemeanor.
Please send your request for a Fair Hearing to the Director of the Regional Center. You
should make the request in writing on the form supplied by the Regional Center.
APPEAL RIGHTS
CONTINUATION OF SERVICE DURING
APPEAL
If you are currently receiving a service from the Regional Center and wish to continue
receiving this service during the appeal process, you must file no later than ten (10)
calendar days after your receipt of the notice of the proposed action. The service will
then be continued during the appeal procedure.
If you are not receiving a service, you do not have the right to receive the service
you are requesting during the appeal.
ADVOCACY SERVICES
Below is a list of available services. This information is to assist you in locating a
representative if you need one.
If you are not able to represent yourself well or protect your rights in the appeal, we
will refer your case to your local Area Board. They will appoint a personal representative
for you.
The hearing will be open to the public, unless you request it to be conducted in
private.
DEVELOPMENTAL DISABILITIES BOARD AREA V
360 22nd Street
Oakland, California 94612
(510) 286-0439
PROTECTION AND ADVOCACY, INC.
449 15th Street, Suite 401
Oakland, California 94612
(510) 839-0811
OFFICE OF HUMAN RIGHTS
State of California
Department of Developmental Services
1600 Ninth Street
Sacramento, California 95814
(916) 323-3086
INFORMAL MEETING
You and the Regional Center Director or his/her designee may meet informally within ten
(10) calendar days after your request is received.
The meeting will be held at a time and place convenient for you. The meeting will be
conducted in English, but you may have an interpreter if you do not understand English.
The Regional Center will pay for the interpreter for you.
The purpose of this meeting will be to resolve the issues that are the reason for your
appeal. The Regional Center Director or his/her designee will send you a decision within
five (5) calendar days of this meeting.
If you choose to decline an informal meeting or if you are dissatisfied with the
decision of the informal meeting, your appeal will automatically proceed to a fair
hearing.
MEDIATION
You also may request mediation. The regional center has 5 days from receipt of your
request to accept or decline mediation. If mediation is mutually agreed upon, the regional
center shall immediately send you and the Institute of Administrative Justice notice of
this. Within 5 days of the receipt of this notice, the Institute of Administrative Justice
shall provide you with information regarding voluntary mediation, which will be held
within 20 days of the hearing request postmark. Either you or the regional center may
withdraw at any time from the mediation and proceed to a fair hearing. If mediation fails
to resolve the issue, the matter shall proceed to a fair hearing.
FAIR HEARING
When the Office of Administrative Hearings receives the request for your hearing, they
will send you a letter telling you the time, place and date of the hearing. It will be
held at a time and place reasonably convenient for you and your representative if you have
one.
The Administrative Law Judge is impartial and is trained in the law and regulations
concerning developmental disabilities. The Administrative Law Judge may require
information from the Regional Center before the hearing. If so, the Regional Center must
send you a copy of everything it sends the Administrative Law Judge. You and the Regional
Center are not permitted to talk with the Administrative Law Judge about the merits of the
case except when you are all present.
When a fair hearing involves services provided to claimants who are not participants in
the Medicaid Home and Community-Based Services Waiver program, the fair hearing shall be
held within 50 days of the date the Fair Hearing Request form is postmarked or received by
the regional center, whichever is earlier, unless the fair hearing request has been
withdrawn or a continuance for good cause has been granted. A written decision shall be
rendered within 10 days of the concluding day of the state hearing, but not later than 80
days following the date the hearing request form is postmarked or received, whichever is
earlier, unless the fair hearing request has been withdrawn or a continuance for good
cause has been granted. The regional center may request a continuance based upon a showing
of good cause, provided that the granting of the continuance does not extend the time for
rendering a final administrative decision beyond 90 days from the date the Fair Hearing
Request form is postmarked or received by the regional center, whichever is earlier.
When a fair hearing involves services provided under the Medicaid Home and
Community-Based Services Waiver, the hearing officer's decision shall be a proposed
decision submitted to the Director of the Department of Health Services (DHS) within 10
days of the concluding day of the state hearing, but not later than 80 days following the
date the hearing request form was postmarked or received, whichever is earlier. Within 90
days following the date the hearing request form is postmarked or received, whichever is
earlier, the Director of DHS may adopt the decision as written or decide the matter on the
record. If the Director of DHS does not act on the proposed decision within 90 days, the
decision shall be deemed adopted by the Department of Health Services. The final decision
shall be immediately transmitted to each party, along with the hearing officer's decision.
If the decision of the Director of DHS differs from the proposed decision of the hearing
officer, a copy of that proposed decision shall also be served upon each party. In
addition to any other delegation of authority granted to the Director of DHS, the Director
may delegate his or her authority to adopt final decisions to hearing officers to the
extent deemed appropriate.
CONSOLIDATION OF APPEALS
Under certain circumstances, you or your representative or the Regional Center may ask
to have several appeals heard at the same time. This will be possible only if you and
another claimant have the same kind of case with the same type of questions of law or
facts.
If your case is consolidated, you still have the same rights and you will receive your
own written decision.
JUDICIAL REVIEW
You or the Regional Center have ninety (90) calendar days to appeal the case to a Court
of Law if you disagree with the decision of the Administrative Law Judge.
