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(10.40) Does the regional center have to follow the hearing decision?

(10.40) Does the regional center have to follow the hearing decision?

If you won your appeal and the regional center will not do what the ALJ ordered, they are violating your rights. If the regional center does not make sure you get a service in your IPP, they are violating your rights.

The regional center or developmental center must give you a copy of the complaint procedure (called a “4731 Complaint”) when you apply to the regional center or when you are admitted to a developmental center. The complaint procedure must be in a language you understand. You must also get a copy at every IPP meeting.[1]§ 4731(f). If the regional center will not do what the judge ordered, file a 4731 Complaint against the regional center. For more information, see Section on 4731 Complaints.[2]There is another way you can make the regional center follow the ALJ’s decision: You can file a petition for writ of mandate (or a traditional mandamus) with the superior court for your county. … Continue reading

References
1 § 4731(f).
2 There is another way you can make the regional center follow the ALJ’s decision: You can file a petition for writ of mandate (or a traditional mandamus) with the superior court for your county. (See California Code of Civil Procedure §1085.) That procedure allows you to ask the court to order the director of the regional center and the director of the Department of Developmental Services to follow the ALJ’s decision or show up personally in court to explain why not. If you file a Section 4731 complaint and still the decision is not implemented, contact Disability Rights California or OCRA.