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Supplement N: Fair Hearing Flow Chart

Supplement N: Fair Hearing Flow Chart

See Chapter 10 for more information

Request a Fair Hearing if:

(1) the regional center decides, without your agreement, to cut, reduce, or change a service or support in your IPP.

(2) you request a service or support and the regional center denies it.

(3) the regional center decides you are not eligible or are no longer eligible for regional center services.

Question 1: Does the regional center wants to cut, reduce, or change a service or support you are already getting?

YES > File your request for hearing within 10 days of the date you got the notice.  Your service or support will continue until there is a final administrative decision.  GO TO Question 2

NO  > You must file your request for hearing within 30 days of the regional center telling you. GO TO Question 2

Question 2: Do you want to have the optional informal meeting?

YES > If you want one, the regional center must hold an informal meeting within 10 days of getting your hearing request, unless you agree to longer time.

The regional center must give you a written decision within 5 days after the informal meeting. GO TO Question 3

NO  > GO TO Question 4 about mediation.

Question 3: Are you satisfied with the regional center’s informal decision?

YES > Tell the regional center you withdraw your request for Fair Hearing.  Fill out the Notification of Resolution Form. The regional center must put your informal meeting agreement into place within 10 days of getting your withdrawal. GO NO FURTHER.

NO  > GO TO Question 4 about mediation.

Question 4: Do you want to have the optional mediation?

YES > Does the regional center accept mediation?  They must accept or decline mediation within 5 days.  If they accept, mediation will be held within 30 days of the regional center’s receipt of your hearing request, unless you agree to longer time. GO TO Question 5

If regional center does NOT accept mediation within 5 days, your case proceeds to Fair Hearing. GO TO Question 6

NO  >  You may proceed to a state Fair Hearing. GO TO Question 6

Question 5: Did you reach an agreement in mediation?

YES > Tell the regional center that you withdraw your request for Fair Hearing.  You will complete the Notification of Resolution Form. Services agreed to in your written agreement will begin within 10 days of getting your withdrawal.

GO NO FURTHER

NO  >  You may proceed to a state Fair Hearing. GO TO Question 6

Question 6: Do you want to proceed with a state Fair Hearing?

YES > A state Fair Hearing will be held within 50 days of the regional center getting your hearing request, unless a judge grants longer time for good cause.

A Fair Hearing decision must be issued within 10 working days of the last day of the hearing and no later than 80 days after your initial request for hearing.

If the service is funded by the Medi-Cal Home- and Community-Based Developmental Disability Waiver, the decision is reviewed by DHCS within 90 days of the hearing request. The decision may be adopted, overturned, or written differently.

GO TO Question 7

Question 7: Are you satisfied with the state Fair Hearing decision?

YES > Regional center will provide services and supports as written in the state Fair Hearing decision.

NO  >  You have 90 days to file a Writ of Administrative Mandamus in superior court.  You can contact Disability Rights California or a private attorney to ask for help. NOTE:  The regional center can go ahead with a cut or a reduction in services within 10 days unless your attorney gets a court order to continue the services while the court decides on your appeal.