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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