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(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 only 30 days to request a fair hearing. The 30 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 10 days.[1]§ 4715. You must ask (in writing) for an appeal within 10 days for your services to stay the same. This is called aid paid pending.

If you miss the 30-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 appeal. You can also file a Section 4731 Complaint.

References
1 § 4715.