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(10.1) What is the appeal process and my timeline to appeal?

(10.1) What is the appeal process and my timeline to appeal?

If you disagree with a regional center decision, you can ask them to change it. This is called an appeal. [1]§§ 4710.5(a), 4710. All references in this manual are to the Lanterman Act, unless it says otherwise. The § symbol means “section.” There are deadlines for every step of the appeal process. If the regional center tells you that it will stop or change a service you are already getting, you have 30 days to appeal if you want the service to continue until your appeal is decided.[2]§ 4710.5(a). This is called “aid-paid pending.”

If you wait more than 30 days, you can still file an appeal and get a fair hearing, but the service will stop based on the date on the Notice of Action. You must appeal within 60 days[3]§ 4710.5(a). to get an informal meeting, mediation, or hearing.

Click HERE to submit an online “Lanterman Appeal Request” and for other helpful information on the DDS website.[4]You can find all DDS forms on its website: https://www.dds.ca.gov/transparency/dds-forms/. This includes hearing and appeal forms. Once you are on the forms page, use the search box to type in … Continue reading

You can appeal if the regional center says:

  • you do not have a developmental disability and are not eligible for regional center services (“eligibility case”)
  • you were eligible and are no longer eligible for services (“termination case”)
  • it wants to reduce or stop a service in your IPP
  • it does not allow you to get a service you need

To appeal, you must follow certain rules. This chapter talks about regional center appeals. The rules for appeals for people who live in facilities that are by operated by the Department of Developmental Services are the same. There are only a few of these facilities in California. They are called Porterville Developmental Center, Canyon Springs Community Facility, North STAR, Central STAR, and South STAR.

References
1 §§ 4710.5(a), 4710. All references in this manual are to the Lanterman Act, unless it says otherwise. The § symbol means “section.”
2 § 4710.5(a).
3 § 4710.5(a).
4 You can find all DDS forms on its website: https://www.dds.ca.gov/transparency/dds-forms/. This includes hearing and appeal forms. Once you are on the forms page, use the search box to type in “fair” and 3 forms come up – Fair Hearing Request, Notification of Resolution, and Notice of Proposed Action. These are also available in Spanish.