Menu Close

(10.12) What timeline do I have to file an appeal for fair hearing?

(10.12) What timeline do I have to file an appeal for fair hearing?

Once you receive the notice of action (NOA), you need to decide whether you will file an appeal. You have 60 days to request an informal meeting, mediation, or fair hearing. The 60 days starts from the date you receive the written NOA you disagree with. If it is a service you are already getting, and you want your services to continue, you only have 30 days.[1]§ 4715. You must ask (in writing) for an appeal within 30 days for your services to stay the same. This is called aid paid pending.

If you miss the 60-day time limit because you did not receive an adequate notice, or received no notice at all, you should request a fair hearing right away. This protects your right to appeal and your right to continue services during the appeal. Your appeal should say you did not receive “adequate notice.” If the regional center denies, reduces, or terminates services without giving you notice, you can still appeal. You do not need a notice to appeal. You can also file a Section 4731 Complaint if you believe your right to receive proper notice has been violated.

These timelines became effective on March 1, 2023. They used to be shorter but thanks to community advocacy, people now have more time to file an appeal.

References
1 § 4715.