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(10.17) What rights do I have during the appeal process?

(10.17) What rights do I have during the appeal process?

You have a right to:

  • Be at all meetings that are part of the appeal. [1]§ 4701(a)(9
  • Give written or spoken evidence. [2]§ 4701(a)(9)
  • Have witnesses testify for you. [3]§ 4701(a)(9)
  • Cross-examine the regional center’s witnesses. [4]§ 4701(a)(9)
  • Speak for yourself at the hearing. [5]§ 4701(a)(9)
  • Have an advocate, lawyer, or someone else represent you.
    • The regional center cannot have a lawyer at an informal meeting, mediation, or hearing unless you are a lawyer or have a lawyer with you. [6]§ 4705.5
    • You must tell regional center if you are bringing a lawyer 5 days before mediation and 15 days before a hearing. [7]§ 4705.5
  • Disqualify a hearing office under certain circumstances. [8]§ 4701(a)(9)
  • Have an interpreter provide interpretation in the preferred language of you or your authorized representative. [9]§ 4701(a)(8)
  • See the regional center’s records about you and your case.. [10]§ 4701(a)(8)

The regional center must give you a written explanation of your rights. They should also give you written information about where to get advocacy help, such as from your Clients’ Rights Advocate, SCDD, and Disability Rights California. [11]§ 4701(a)(5).

1 § 4701(a)(9
2, 3, 4, 5, 8 § 4701(a)(9)
6, 7 § 4705.5
9, 10 § 4701(a)(8)
11 § 4701(a)(5).