CHAPTER 7. Appeal Procedure [4700. - 4731.]

Chapter 7 repealed and added by Stats. 1982, Ch. 506, Sec. 2.

§§ 4700–4731 · 33 sections

1. ARTICLE 1. Definitions §§ 4700–4702 · 3 sections

   • § 4700 Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.
   • § 4701 (a) “Adequate notice” means a written notice using the form prescribed by the department. The notice shall be in plain, clear, and nontechnical language. The…
   • § 4702 Each regional center and each vendor that contracts with a regional center to provide services to recipients shall conspicuously post on its internet web, if…
2. ARTICLE 2. General Provisions §§ 4705–4708 · 5 sections

   • § 4705 Every regional center or state-operated facility shall, as a condition of continued receipt of state funds, have an appeals procedure for resolving conflicts…
   • § 4705.5 (a) Unless the claimant is themselves an attorney licensed to practice law in California, or unless the claimant will have an attorney licensed to practice law…
   • § 4706 (a) Except as provided in subdivision (b) to the extent permitted by federal law, all issues concerning the rights of persons with developmental disabilities…
   • § 4707 (a) The following appeals processes shall be available for resolving conflicts between regional centers or state-operated facilities and recipients of, or…
   • § 4708 (a) (1) The department shall create, with input from stakeholders, standard appeals process information packets. There shall be one information packet related…
3. ARTICLE 3. Fair Hearing Procedure §§ 4710–4714 · 15 sections

   • § 4710 (a) The regional center or state-operated facility shall send adequate notice, as described in subdivision (a) of Section 4701, to the recipient and, if…
   • § 4710.5 (a) Any applicant for or recipient of services, or authorized representative of the applicant or recipient, who is dissatisfied with a decision or action of…
   • § 4710.6 (a) (1) Upon receipt of an appeal request form requesting an informal meeting, the regional center or state-operated facility and the claimant shall determine…
   • § 4710.7 (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…
   • § 4710.8 (a) At an informal meeting, the claimant shall have the rights stated pursuant to Section 4701. (b) An informal meeting shall be held consistent with Section…
   • § 4710.9 (a) If, after the informal meeting, the claimant or their authorized representative is satisfied with all or part of the decision of the regional center or…
   • § 4711 (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…
   • § 4711.5 (a) Upon receipt of an appeal request form requesting mediation, the hearing office shall promptly notify the claimant and their authorized representative, in…
   • § 4711.7 (a) If the issue or issues involved in the mediation are resolved or partially resolved to the satisfaction of both parties, the mediator shall prepare a…
   • § 4712 (a) (1) The fair hearing shall be held within 50 days of the date the appeal request form is received by the department or other agency designated by the…
   • § 4712.2 (a) Two or more claimants with a common complaint, or their authorized representatives, or a regional center or state-operated facility may request the…
   • § 4712.5 (a) (1) Within 10 business days of the concluding day of the fair hearing, but not later than 80 days following the date the appeal request form was received…
   • § 4713 (a) If the final decision is unfavorable to the claimant, and the claimant has been receiving the services that have been the subject of the appeal, the…
   • § 4713.5 (a) The regional center shall implement the final hearing decision as soon as practical and not later than 30 days following the date of the final hearing…
   • § 4714 (a) For each appeal request form submitted pursuant to Section 4710.5, the department shall collect information related to the appeal from regional centers or…
4. ARTICLE 4. Services Pending Final Administrative Decision §§ 4715–4717 · 3 sections

   • § 4715 (a) Except as provided in this section, if an appeal request is postmarked or received by the department or by another agency designated by the department to…
   • § 4716 Nothing in this chapter shall presume the incompetence of any person with a developmental disability to participate in any of the appeals procedures…
   • § 4717 The hearing office, in collaboration with the department, shall establish and maintain an advisory committee composed of stakeholders including recipients and…
5. ARTICLE 5. Access to Records §§ 4725–4731 · 7 sections

   • § 4725 For the purposes of this article: (a) “Access” means the right to inspect, review, and obtain an accurate copy of any record obtained in the course of…
   • § 4726 Notwithstanding any other law, access to records regarding an applicant for, or recipient of, services shall be provided, upon request, to the applicant,…
   • § 4727 Nothing in this chapter shall be construed to compel a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal…
   • § 4728 Each regional center and the department for its state-operated facilities shall adopt procedures for granting of requests by persons authorized under Section…
   • § 4729 Whenever access to regional center or state-operated facility records is requested, the regional center or state-operated facility shall provide at least the…
   • § 4730 Any person who willfully and knowingly violates the provisions of this article is guilty of a misdemeanor.
   • § 4731 (a) Each consumer or any representative acting on behalf of any consumer or consumers, who believes that any right to which a consumer is entitled has been…