Cal. Welf. & Inst. Code § 4711
Fair Hearing Procedure
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2023
As of January 1, 2011
Upon receipt of the hearing request form, where a fair hearing has been requested but mediation has not, the responsible state agency director shall immediately notify the claimant, the claimant’s legal guardian or conservator, the parent of a minor claimant, the claimant’s authorized representative, and the service agency director in writing of all the following information applicable to fair hearings. Where the hearing request form contains a request for a fair hearing and mediation, the notifications shall be made separately, and each notice shall contain only the information applicable to the particular type of proceeding.
(a) The time, place, and date of the fair hearing or mediation, as applicable, if agreed to by the service agency.
(b) The rights of the parties at the fair hearing pursuant to Section 4701 or mediation, as applicable, pursuant to Section 4711.5.
(c) The availability of advocacy assistance pursuant to subdivision (g) of Section 4701 for both mediation and fair hearings.
(d) The name, address, and telephone number of the persons or offices designated by the director of the responsible state agency, as applicable, to conduct fair hearings, mediate disputes, and to receive requests for continuance or consolidation.
(e) The rights and responsibilities of the parties established pursuant to subdivisions (d) to (m), inclusive, of Section 4712.
(a) Upon receipt of an appeal request form requesting mediation or a fair hearing, the hearing office shall immediately notify the claimant and the claimant’s authorized representative, in their preferred language, and the regional center or state-operated facility director in writing of all the following information applicable to mediation and fair hearings:
(1) (A) The time, place, and date of the mediation or fair hearing, as applicable.
(B) A place pursuant to paragraph (1) may include an agreement of the parties, or an order by a hearing officer, following a finding of good cause, to conduct the mediation or hearing by telephone, videoconference, or other electronic means.
(2) The rights of the parties at the mediation or fair hearing pursuant to Section 4701 or 4711.5, as applicable.
(3) The availability of advocacy assistance pursuant to paragraph (5) of subdivision (a) of Section 4701.
(4) As applicable, contact information for persons or offices to conduct mediation or fair hearings, and to receive requests for continuance or consolidation.
(5) The rights and responsibilities of the parties established pursuant to Sections 4711.5 and 4712.
(b) 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.