Section 7353 - Administrative Review - Appellants(a) All requests for administrative review of an action of the Department relating to the application for or receipt of services shall:(1) Be made within one year of the action(s) or decision(s) with which the appellant is dissatisfied except as set forth in Sections 7227 and 7344.(2) Be made orally or in writing to the District Administrator or Orientation Center for the Blind Administrator responsible for overseeing the local office in which the action or decision with which the appellant is dissatisfied was initiated.(3) Include the following information: (A) The reason for the appeal and why the appellant thinks the decision should be changed.(B) The action the appellant wishes to have taken.(b) The review shall be conducted:(1) By the Administrative Review Officer, except as provided in (e).(2) In the presence of the appellant, or authorized representative unless either party has waived the right to attend and present additional information. Such waiver shall be in the form of a written authorization allowing the Department to conduct the review solely upon the information specified in (a)(3) and the information contained in the case record.(3) During Departmental working hours at a local office convenient to the residence of the appellant or authorized representative.(c) Interpreter and reader services shall be provided for the administrative review upon request for clients who are non-English-speaking, deaf, hearing impaired, speech impaired, blind, or visually impaired.(d) Transportation and attendant services may be provided for the administrative review upon request for those who require such help and are unable to secure assistance through other sources.(e) The Administrative Review Officer may delegate the review to a Rehabilitation Supervisor, but shall not delegate the review to the same supervisor who participated in the decision with which the appellant is dissatisfied.(f) The Administrative Review Officer, or the Rehabilitation Supervisor who was delegated to conduct the review, shall prepare the written decision which shall be sent to the appellant, in their preferred mode of communication, with an additional copy to the authorized representative, if any, within 15 days of the date of the request. The written decision shall inform the appellant/authorized representative that, if he or she is dissatisfied with the decision rendered as a result of the optional administrative review, a written request for a fair hearing must be filed with the Department within 30 days of the receipt of the decision. The written decision shall also inform the appellant/authorized representative of the right to request a mediation.(g) The written decision shall be filed in the case record.Cal. Code Regs. Tit. 9, § 7353
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Section 722(c)(4)(A); 34 CFR 361.48(b); and Sections 19703 and 19704, Welfare and Institutions Code.
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Section 722(c)(4)(A); 34 CFR 361.48(b); and Sections 19703 and 19704, Welfare and Institutions Code.
1. Amendment of section filed 9-19-91; operative 10-21-91 (Register 91, No. 52).
2. Amendment of section heading and subsection (a) filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
3. Amendment of subsection (f) and amendment of Note filed 9-27-2000 as an emergency; operative 9-27-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-25-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-27-2000 order transmitted to OAL 1-5-2001 and filed 2-20-2001 (Register 2001, No. 8).
5. Amendment of subsections (a)(2) and (f) filed 1-8-2024; operative 4/1/2024 (Register 2024, No. 2).