What is the basis for an appeal?
The individual or
his or her legal representative's disagreement with a plan or
decision by NBRC.
Who may present an appeal to NBRC?
Any client of
NBRC or applicant for services from NBRC may present or discuss
an appeal with any Center staff member. At their request, the
staff member will give them a fair hearing form and provide any
assistance needed to complete the form.
What is the fair hearing procedure?
A method to
resolve an appeal. There are two hearings in this procedure.
Hearing #1 is a meeting where specific issues are discussed with
the Center's Executive Director(or his or her designated
representative) and the appropriate staff members. Every effort
is made to resolve the appeal at this meeting.
If the appeal
remains unresolved, you may request hearing #2 conducted by a
State of California hearing officer. This individual works for an
independent state agency.
The decision of this
hearing officer is final unless the appeal is taken to court
within 90 days of the hearing officer's decision.
When, where, and how are the hearings held?
Hearing #1 is
conducted in an informal manner at a location convenient for the
person(s) who requested the hearing. Hearing #2 is more formal,
but not as formal as going to court. The hearing officer sets the
date, time and place of the hearing, but will attempt to
accommodate the claimant's needs. If needed, Regional Center will
provide an interpreter fluent in the client's, or his or her
representative's language, at no charge.
Who may attend the hearing?
The client or
potential client, his or her parents, guardian or conservator,
and their representatives assisting in the presentation. The
client or applicant has the right to be represented by the
person(s) of his or her choice, such as citizen advocacy
organizations, Area Board, legal aid societies or, at his or her
own expense, others such as private legal counsel. If needed,
NBRC's Clients' Rights Advocate will assist the individual in
obtaining representation.
May I see the records and individual reports written about the client or applicant?
Yes. If the
client is under 18 and you are not the parent or guardian, you
will need written permission from the parent or guardian.
If the client is an
adult and you are not his or her conservator, you will need
written permission from the client, whether or not you are the
parent. On request, NBRC will provide one copy of such records in
the client's file which have bearing on the issues being
contested. A nominal fee may be charged for this service.
How long does it take to resolve an appeal?
Hearing #1 is
held within 10 days from the time NBRC receives the individual's
written request and a written decision is mailed within 5 days
after the hearing. Hearing #2 is held within 20 days from the
time the State of California receives the client's written
request and a written decision is mailed within 10 working days
after the hearing. The appeal may be resolved at any point in the
fair hearing process.
How does a person get a fair hearing form?
From any NBRC
staff person. There are also copies available upon request at the
reception desks in each office.
Forms are sent out
with written notification any time NBRC denies or modifies
services and the client or his legal representative does not
agree with the decision.
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