Regional Center Fair Hearing Process

1. Regional Center Fair Hearing Process Presented by Katie Casada Hornberger Office of Clients’ Rights Advocacy

2. Regional Center Fair Hearing Process • Written Notice of Action/Hearing Request • Informal Meeting • Mediation • Fair Hearing

3. Written Notice of Action • If you disagree with a Regional Center decision you have the following rights: • To notice of the decision, • To notice of hearing, • To have an authorized representative, • To examine the agency’s file about you. • To examine the records that the agency used in making the decision, and • To a timely and adequate hearing.

4. Aid Paid Pending • If you appeal a reduction or cancellation of services within 10 days your services will continue during the appeal process.

5. Informal Meeting • The first step in the hearing process. • A meeting between you (and your representative, if you have one) and a regional center representative. • The purpose is to resolve the issue or at least clarify or reduce the disagreement for hearing. • The decision will go into effect in 10 days after the meeting unless you indicate disagreement by requesting mediation of a hearing. • You do not have to participate in an informal.

6. Mediation • An independent, trained mediator informally meets with you and a regional center representative. • Takes place within 20 days of your request for hearing. • The mediator tries to find common ground and new solutions. • The mediator has no power to force an agreement. • If you reach agreement, you sign a private agreement and the appeal process stops. • If you do not reach agreement you proceed to fair hearing.

7. Fair Hearing • Must take place within 50 days of your hearing request unless a delay is requested for good cause. • 5 days before hearing you and the regional center send each other your exhibits and a list of witnesses. • Hearing is held before an Administrative Law Judge.

8. At the Hearing • The regional center has to go first. • The burden of proof is on you. You have to prove why you should get the service. • Opening Statement • You do not have to make one but it is helpful to explain to the judge what the hearing is about. • Direct Examination of your witnesses • They should only talk about things that they have done or seen or heard themselves. • Ask short, simple, clear questions

9. At the Hearing • Cross Examination of regional center witnesses • Never ask a question that you don’t know how the witness will answer, • Ask questions if the answer agrees with your position • Ask questions if the answer shows that the witness didn’t see something, doesn’t remember, is taking sides, is different from what she said earlier, or might not be telling the truth. • Ask short, simple, clear questions. • Closing Statements • If permitted by the judge.

10. After the Hearing • The judge will issue a decision within 10 days of the end of the hearing.

11. Legal Resources • Advocates, see referral list • Websites • Protection and Advocacy, Inc. Http.//www.pai-ca.org/ • Office of Administrative Hearings http://www.oah.dgs.ca.gov/ • California Code of Regulations - Titles 17 & 22 http://ccr.oal.ca.gov/ • California Laws at Findlaw http.//ca.findlaw.com/