If you disagree with the hearing officer’s final decision, the next step is court. You would have to appeal to the superior court for your county. Your appeal is called a writ of administrative mandamus or mandate. California Code of Civil Procedure § 1094.5 The regional center may also appeal a decision, unless it involves rights under the Medi-Cal waiver. You must ask for the appeal within 90 days after you get the administrative hearing decision.§ 4712.5(a). To do this, you must “file” appeal papers in the superior court for your county. Going to court is complicated. There are many steps and difficult legal terms. You will probably need a lawyer.
In your appeal, you can ask the superior court to order a state agency, like DDS, to set aside its decision or take other actions. Contact a lawyer for help. Disability Rights California may be able to help you or make suggestions.
When you appeal an unfavorable hearing officer decision to the superior court, the court will only look at the record from your hearing.To ask the superior court to review your hearing, you must file a Petition for a Writ of Administrative Mandamus, Calif. Code Civ. Proc. § 1094.5. That is why it is important to get all your information into the hearing record. Usually, you cannot give the court new information.“Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the … Continue reading The court will consider only two issues:
- Whether the trial or hearing was fair, and
- Whether there was a “prejudicial abuse of discretion.”Calif. Code Civ. Proc. § 1094.5(b). This could mean the hearing officer used the wrong legal standards to make the decision. It could also mean the hearing officer made a decision that is not based on the findings, or made findings that are not supported by the evidence.
If the hearing officer’s decision was not in your favor because you did not have enough evidence, you cannot enter new evidence in court.
IMPORTANT: YOUR RIGHTS TO FIGHT A HEARING DECISION WILL CHANGE ON MARCH 1, 2023
After you receive the hearing decision, you or the regional center can request “reconsideration.” Reconsideration is a way to correct a clerical error or a mistake of fact or law in a hearing decision, or a request to disqualify a hearing officer that was wrongly decided. Those are the only things a reconsideration can address. You must ask for a reconsideration within 15 days of getting the hearing decision. A decision to grant or deny your request for a reconsideration will be made within 15 days.
If your request for reconsideration is not successful, you can still file an appeal in superior court. You do not have to request reconsideration before filing an appeal in superior court.
You will have up to 180 days after you get the hearing decision to file an appeal in superior court.
|↑1||California Code of Civil Procedure § 1094.5|
|↑3||To ask the superior court to review your hearing, you must file a Petition for a Writ of Administrative Mandamus, Calif. Code Civ. Proc. § 1094.5.|
|↑4||“Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the hearing,” the court may allow the evidence to be introduced. Calif. Code Civ. Proc. § 1094.5(f).|
|↑5||Calif. Code Civ. Proc. § 1094.5(b).|