reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 4705 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 2 - General Provisions|Section 4705.

4705.  (a) (1) Every service agency shall, as a condition of continued receipt of state funds, have an agency fair hearing procedure for resolving conflicts between the service agency and recipients of, or applicants for, service. The State Department of Developmental Services shall promulgate regulations to implement this chapter by July 1, 1999, which shall be binding on every service agency.(2) Any public or private agency receiving state funds for the purpose of serving persons with developmental disabilities not otherwise subject to the provisions of this chapter shall, as a condition of continued receipt of state funds, adopt and periodically review a written internal grievance procedure.(b) An agency that employs a fair hearing procedure mandated by any other statute shall be considered to have an approved procedure for purposes of this chapter.(c) The service agency’s mediation and fair hearing procedure shall be stated in writing, in English and any other language that may be appropriate to the needs of the consumers of the agency’s service. A copy of the procedure and a copy of the provisions of this chapter shall be prominently displayed on the premises of the service agency.(d) All recipients and applicants, and persons having legal responsibility for recipients or applicants, shall be informed verbally of, and shall be notified in writing in a language that they comprehend of, the service agency’s mediation and fair hearing procedure when they apply for service, when they are denied service, when notice of service modification is given pursuant to Section 4710, and upon request.(e) If, in the opinion of any person, the rights or interests of a claimant who has not personally authorized a representative will not be properly protected or advocated, the State Council on Developmental Disabilities and the clients’ right advocate assigned to the regional center or developmental center shall be notified, and the State Council on Developmental Disabilities may appoint a person or agency as representative, pursuant to subdivision (a) of Section 4541, to assist the claimant in the mediation and fair hearing procedure. The appointment shall be in writing to the authorized representative and a copy of the appointment shall be immediately mailed to the service agency director.(Amended by Stats. 2020, Ch. 367, Sec. 17. (SB 1264) Effective January 1, 2021.)
CA Welf & Inst Code § 4706 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 2 - General Provisions|Section 4706.

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 to receive services under this division shall be decided under this chapter, including those issues related to fair hearings, provided under the medicaid home- and community-services waiver granted to the State Department of Health Services.(b) Whenever a fair hearing under this chapter involves services provided under the medicaid home- and community-based services waiver, the State Department of Health Services shall retain the right, as provided in Section 4712.5, to review and modify any decision reached under this chapter.(Added by Stats. 1998, Ch. 310, Sec. 50. Effective August 19, 1998.)
CA Welf & Inst Code § 4707 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 2 - General Provisions|Section 4707.

4707.  By July 1, 1999, the State Department of Developmental Services shall implement a mediation process for resolving conflicts between regional centers and recipients of services specified in this chapter. Regulations implementing the mediation process shall be adopted by July 1, 2000.(Added by Stats. 1998, Ch. 310, Sec. 51. Effective August 19, 1998.)
CA Welf & Inst Code § 4710 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4710.

4710.  (a) Adequate notice shall be sent to the applicant or recipient and the authorized representative, if any, by certified mail at least 30 days prior to any of the following actions:(1) The agency makes a decision without the mutual consent of the service recipient or authorized representative to reduce, terminate, or change services set forth in an individual program plan.(2) A recipient is determined to be no longer eligible for agency services.(b) Adequate notice shall be sent to the recipient and the authorized representative, if any, by certified mail no more than five working days after the agency makes a decision without the mutual consent of the recipient or authorized representative, if any, to deny the initiation of a service or support requested for inclusion in the individual program plan.(c) If the reason for denial of services or modification of services in a recipient’s individual program plan is a lack of funds in the regional center budget, the regional center shall be the service agency responsible for giving adequate notice and participating in the fair hearing procedure under this chapter.(d) The regional center shall, within 30 days after written notice is mailed to the applicant or client, notify the department in writing of the denial if a lack of funds in the regional center budget is the reason for one of the following:(1) The denial of services to an applicant.(2) The denial of services to a current regional center client requesting services not included in the client’s individual program plan but determined to be necessary by the interdisciplinary team.(3) Denial, cutback, or termination of current services to a recipient set forth in the individual program plan.The notification to the department shall include the nature of the service requested, a request that the department allocate sufficient funds to the regional center within 30 days to provide the service, the projected cost for the service for the balance of the fiscal year, and information substantiating the reason for the lack of funds to purchase the service.(e) If a person requests regional center services and is found to be ineligible for these services, the regional center shall give adequate notice pursuant to Section 4701. Notice shall be sent within five working days of the time limits set forth in Sections 4642 and 4643.(f) The advance notice specified in subdivision (a) shall not be required when a reduction, termination, or change in services is determined to be necessary for the health and safety of the recipient. However, adequate notice shall be given within 10 days after the service agency action.(Amended by Stats. 2000, Ch. 416, Sec. 4. Effective January 1, 2001.)
CA Welf & Inst Code § 4710.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4710.5.

4710.5.  (a) Any applicant for or recipient of services, or authorized representative of the applicant or recipient, who is dissatisfied with any decision or action of the service agency which he or she believes to be illegal, discriminatory, or not in the recipient’s or applicant’s best interests, shall, upon filing a request within 30 days after notification of the decision or action complained of, be afforded an opportunity for a fair hearing. The opportunity to request a voluntary informal meeting and an opportunity for mutually agreed upon voluntary mediation shall also be offered at this time.(b) The request for a fair hearing and for mediation, or for a voluntary informal meeting, or any combination thereof, shall be stated in writing on a hearing request form provided by the service agency.(c) If any person makes a request for mediation or a fair hearing other than on the hearing forms, the employee of the service agency who hears or receives the request shall provide the person with a hearing request form and shall assist the person in filling out the form if the person requires or requests assistance. Any employee who willfully fails to comply with this requirement shall be guilty of a misdemeanor.(d) The hearing request form shall be directed to the director of the service agency responsible for the action complained of under subdivision (a). The service agency director shall simultaneously facsimile (FAX) a copy of the hearing request form to the department and the director of the responsible state agency or his or her designee pursuant to Section 4704.5 within five working days of the service agency director’s receipt of the request. The department shall keep a file of all hearing request forms.(Amended by Stats. 2000, Ch. 416, Sec. 5. Effective January 1, 2001.)
CA Welf & Inst Code § 4710.6 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4710.6.

4710.6.  (a) Upon receipt by the service agency director of the hearing request form requesting a fair hearing, mediation, or a voluntary informal meeting, the service agency director shall immediately provide adequate notice pursuant to Section 4701 to the claimant, the claimant’s guardian or conservator, parent of a minor, and authorized representative of the claimant’s rights in connection with the fair hearing, mediation, or informal meeting. If an informal meeting is requested by the claimant, the service agency and the claimant shall determine a mutually agreed upon time for the meeting. The service agency shall notify the claimant of the date upon which his or her hearing request form was received by the service agency.(b) The written notice shall also confirm the mutually agreed upon date, time, and place for a voluntary informal meeting, if desired by the claimant or his or her authorized representative, with the service agency director or the director’s designee. The written notice shall also state that the claimant or his or her authorized representative may decline an informal meeting.(c) The written notification of rights required pursuant to subdivision (a) shall not be required if the service agency includes written notification of those rights with the notice required by Section 4710.(Amended by Stats. 2000, Ch. 416, Sec. 6. Effective January 1, 2001.)
CA Welf & Inst Code § 4710.7 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4710.7.

4710.7.  (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.(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.(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.(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).(Amended by Stats. 2000, Ch. 416, Sec. 7. Effective January 1, 2001.)
CA Welf & Inst Code § 4710.8 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4710.8.

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 at a time and place reasonably convenient to the claimant and the authorized representative.(c) An informal meeting shall be conducted in the English language. However, if the claimant, the claimant’s guardian or conservator, the parent of a minor claimant, or the authorized representative does not understand English, an interpreter shall be provided who is competent and acceptable to both the person requiring the interpreter and the service agency director or the director’s designee. Any cost of an interpreter shall be borne by the service agency.(Amended by Stats. 2000, Ch. 416, Sec. 8. Effective January 1, 2001.)
CA Welf & Inst Code § 4710.9 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4710.9.

4710.9.  (a) If the claimant or his or her authorized representative is satisfied with the decision of the service agency following an informal meeting, he or she shall withdraw the request for a hearing on the matter decided. The decision of the service agency shall go into effect 10 days after the receipt of the withdrawal of the request for a fair hearing by the service agency. The service agency shall immediately forward a copy of the withdrawal to the department and to the director of the responsible state agency or his or her designee pursuant to Section 4704.5.(b) If the claimant or his or her authorized representative has declined an informal meeting or is dissatisfied with the decision of the service agency and does not request mediation, the matter shall proceed to a fair hearing. The service agency shall immediately notify the director of the responsible state agency that the fair hearing request has not been withdrawn. A recommendation for consolidation pursuant to Section 4712.2 to the director of the responsible state agency may be made at this time.(Repealed and added by Stats. 1998, Ch. 310, Sec. 57. Effective August 19, 1998.)
CA Welf & Inst Code § 4711 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4711.

4711.  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.(Amended by Stats. 2000, Ch. 416, Sec. 9. Effective January 1, 2001.)
CA Welf & Inst Code § 4711.7 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4711.7.

4711.7.  (a) If the issue or issues involved in the mediation are resolved to the satisfaction of both parties, the mediator shall prepare a written resolution. Agreement of the claimant or his or her authorized representative to the final solution shall be accompanied by a withdrawal, in writing, of the fair hearing request. The final resolution shall go into effect 10 days after receipt of the withdrawal of the request for a fair hearing by the service agency. The mediator shall immediately forward a copy of the withdrawal to the director of the responsible state agency.(b) If the mediation fails to resolve an issue or issues to the satisfaction of the claimant, or his or her authorized representative, the matter shall proceed to fair hearing with respect to the unresolved issue or issues as provided under this chapter, and the mediator shall immediately notify the director of the responsible state agency of the outcome of the mediation.(Added by Stats. 1998, Ch. 310, Sec. 60. Effective August 19, 1998.)
CA Welf & Inst Code § 4712.2 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4712.2.

4712.2.  (a) Two or more claimants with a common complaint, or their authorized representatives, or a service agency may request the consolidation of appeals involving a common question of law or fact. The hearing officer may grant the request for consolidation if the hearing officer finds that consolidation would not result in prejudice or undue inconvenience to any party, undue delay, or a violation of any claimant’s right to confidentiality unless the claimant agrees to have otherwise confidential information revealed to other claimants. Requests for consolidation shall be forwarded to the hearing officer, and postmarked within five working days of the receipt of the notice sent pursuant to Section 4711. The hearing officer shall notify the parties and authorized representatives, if any, of a request for consolidation and shall afford an opportunity for any written objections to be submitted.(b) In all consolidated hearings, each individual claimant shall have all the rights specified in subdivision (f) of Section 4701. A separate written decision shall be issued to each claimant and respective authorized representatives.(Amended by Stats. 2000, Ch. 416, Sec. 12. Effective January 1, 2001.)
CA Welf & Inst Code § 4712.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4.5 - SERVICES FOR THE DEVELOPMENTALLY DISABLED|CHAPTER 7 - Appeal Procedure|ARTICLE 3 - Fair Hearing Procedure|Section 4712.5.

4712.5.  (a) Except as provided in subdivision (c), within 10 working days of the concluding day of the state hearing, but not later than 80 days following the date the hearing request form was received, the hearing officer shall render a written decision and shall transmit the decision to each party and to the director of the responsible state agency, along with notification that this is the final administrative decision, that each party shall be bound thereby, and that either party may appeal the decision to a court of competent jurisdiction within 90 days of the receiving notice of the final decision.(b) The hearing officer’s decision shall be in ordinary and concise language and shall contain a summary of the facts, a statement of the evidence from the proceedings that was relied upon, a decision on each of the issues presented, and an identification of the statutes, regulations, and policies supporting the decision.(c) Where the decision involves an issue arising from the federal home- and community-based service waiver program, the hearing officer’s decision shall be a proposed decision submitted to the Director of Health Services as the single state agency for the medicaid program. Within 90 days following the date the hearing request form is postmarked or received, whichever is earlier, the director may adopt the decision as written or decide the matter on the record. If the Director of Health Services does not act on the proposed decision within 90 days, the decision shall be deemed to be adopted by the Director of Health Services. The final decision shall be immediately transmitted to each party, along with the notice described in subdivision (a). If the decision of the Director of Health Services differs from the proposed decision of the hearing officer, a copy of that proposed decision shall also be served upon each party.(d) The department shall collect and maintain, or cause to be collected and maintained, redacted copies of all administrative hearing decisions issued under this division. Hearing decisions shall be categorized by the type of service or support that was the subject of the hearing and by the year of issuance. The department shall make copies of the decisions available to the public upon request at a cost per page not greater than that which it charges for document requests submitted pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. The department shall use this information in partial fulfillment of its obligation to monitor regional centers and in its evaluation of the contract for the provision of independent hearing officers.(Amended by Stats. 2000, Ch. 416, Sec. 13. Effective January 1, 2001. Superseded on January 1, 2023; see amendment by Stats. 2021, Ch. 615.)