Cal. Code Regs. tit. 9 § 7354

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 7354 - Fair Hearing Requests

(a) All requests for a fair hearing shall:

(1) Be made within one year of receipt of a written denial or action relating to an application for or receipt of services, except as set forth in Sections 7227, 7344, 7345, and 7353(f) of these regulations.

(2) Be made in writing and directed to the Department of Rehabilitation, Legal Affairs or sent by electronic mail to appealsinfo@dor.ca.gov.

(3) Include the information specified in Section 7353(a)(3).

(b) A hearing before an impartial hearing officer shall be held within 60 calendar days from receipt of the written request.

(c) The request shall be deemed to be "received" in one of the following ways:

(1) The date the request is postmarked plus five working days.

(2) If the postmark is illegible, five working days from the date the request is date stamped by the Department of Rehabilitation, Legal Affairs.

(3) If hand carried, the date the request is date stamped by the Department of Rehabilitation, Legal Affairs.

(4) If by electronic mail to the Department of Rehabilitation, Legal Affairs, the date the electronic mail is received plus five working days.

(d) The appellant shall be notified in their preferred mode of communication of:

(1) The time and place for the hearing.

(2) The procedures used by the impartial hearing officer.

(3) The availability of sign language interpreters, oral interpreters, deaf-blind interpreters, or assistive listening systems for the deaf or hearing impaired, if requested by the appellant.

(4) The availability of readers or documents in Braille or large print for visually impaired appellants who request it.

(5) The opportunity to be represented at the hearing by an authorized representative of the appellant's choosing.

(6) The opportunity to bring witnesses to the hearing to testify on the appellant's behalf.

(e) The appellant's record of services shall, upon request, be made available to the appellant and/or appellant's authorized representative.

Cal. Code Regs. Tit. 9, § 7354

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code; Section 35, Chapter 937, Statutes of 1993. Reference: 34 CFR 361.57; Sections 19704, 19705 and 19708, Welfare and Institutions Code; and Section 1798.34, Civil Code.

1. Amendment of section filed 9-19-91; operative 10-21-91 (Register 91, No. 52).
2. Amendment of subsection (c)(3) and Note filed 12-1-93 as an emergency; operative 12-1-93 (Register 93, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-30-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-1-93 order transmitted to OAL 3-15-94 and filed 4-19-94 (Register 94, No. 16).
4. New article 2 filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
5. Amendment of section and Note filed 2-10-99; operative 3-12-99 (Register 99, No. 7).
6. Amendment of section heading and section filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.
7. Amendment of section heading and section refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-17-2013 order, including amendment of subsections (a)(2) and (b)(2)-(4), transmitted to OAL 1-29-2013 and filed 3-5-2013; amendment operative 3-5-2013 pursuant to Government Code section 11343.4(b)(3)(Register 2013, No. 10).
9. Amendment of subsection (d) filed 1-8-2024; operative 4/1/2024 (Register 2024, No. 2).