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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?

IMPORTANT: This information will change on March 1, 2023

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 an informal meeting, mediation, or 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.

IMPORTANT: YOUR APPEAL DEADLINES WILL CHANGE ON MARCH 1, 2023.

  • If the regional center tells you it will stop or change a service you are already getting, you will have 30 days to appeal if you want the service to continue until your appeal is decided.
  • You must appeal the regional center’s decision within 60 days to ask for an informal meeting, mediation, or hearing. 

References
1 § 4715.