Cal. Welf. & Inst. Code § 4710.7
Fair Hearing Procedure
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2023
As of January 1, 2011
(a) Upon requesting a fair hearing, the claimant has the right to request a voluntary informal meeting with the service agency director or his or her designee. The purpose of the meeting is to attempt to resolve the issue or issues that are the subject of the fair hearing appeal informally prior to the scheduled fair hearing.
(a) The purpose of the informal meeting is to attempt to resolve the issue or issues that are the subject of the appeal request informally prior to a mediation or fair hearing.
(b) If an informal meeting is held, it shall be conducted by the service agency director or his or her designee. The service agency director or his or her designee shall notify the applicant or recipient and his or her authorized representative of the decision of the informal meeting in writing within five working days of the meeting.
(b) The informal meeting shall be conducted by the regional center or state-operated facility director or their designee. The regional center or state-operated facility director or their designee shall notify the applicant or recipient and their authorized representative of the decision from the informal meeting in writing within five days of the meeting.
(c) The written decision of the service agency director or his or her designee shall: (1) Identify the issues presented by the appeal. (2) Rule on each issue identified. (3) State the facts supporting each ruling. (4) Identify the laws, regulations, and policies upon which each ruling is based.
(c) The written decision of the regional center or state-operated facility director or their designee shall: (1) Identify the issues presented by the appeal. (2) Rule on each issue identified. (3) State the facts supporting each ruling. (4) Identify the specific laws, regulations, and policies upon which each ruling is based. (5) Be provided in the preferred language of the applicant or recipient, or their authorized representative.
(d) Prior to the meeting, the claimant or his or her authorized representative shall have the right to examine any documents contained in the individual’s service agency file. Access to records shall be provided pursuant to Article 5 (commencing with Section 4725).
(d) This section shall become operative on March 1, 2023.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.