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(10.19) What are the appeal process steps?
- Ask for a Hearing – You can ask for a hearing online at the Department of Developmental Services (DDS) website, by mail, email, or fax by completing the Lanterman Act Appeal Request Form.
- Regional Center Response – The regional center must send you a written notice in your preferred language that recognizes your request for a hearing. If you did not get a notice from the regional center, they must send you one with all the information required for an “adequate notice.”
- Appeal Request Form – When you tell the regional center you want a fair hearing, the regional center must give you an. appeal request form. If you need help filling out the form, the regional center must help you.
- Informal Meeting – If you want to have an informal meeting, the regional center must hold one within 10 days of the date DDS receives your appeal request unless you request more time. You and the regional center must agree on a time for the meeting. The regional center must send you a written notice in your preferred language to confirm the date, time, and place of your informal meeting.
- Mediation – Mediation is when an independent, trained person (“mediator”) helps you come to an agreement that is fair for you and the regional center. We recommend mediation. You can decide not to mediate. If you ask for mediation, the mediation must be held within 30 days of the date DDS receives your appeal request unless you request more time. Even if you choose not to have mediation, you still have a right to a fair hearing. It is your choice.
- Fair Hearing – You have a right to a hearing before a judge no more than 50 days after DDS receives your appeal request. The judge is called an Administrative Law Judge or hearing officer. If you or the regional center asks, and has a good reason, the hearing officer may let the hearing be later. (See Question 26.)
- Fair Hearing Decision – The judge must give a final written decision no more than 10 working days after your hearing ends. This cannot be more than 80 days after DDS receives your appeal request, unless request additional time for the appeal. The decision must be in your preferred language.
- Appeal a Fair Hearing Decision – If you disagree with the hearing decision, you have 15 calendar days from the date you receive the final decision to request a reconsideration, and 180 days to file a Writ of Administrative Mandamus in superior court.
