There have been major changes to the Lanterman Act about appeals. This is a short version that does not have all details. For details, please read Rights Under the Lanterman Act and Senate Bill 188 (2021-22).

Effective July 1, 2022:

Definition of Interpreter – WIC 4701(i) says an interpreter must be effective, accurate, and impartial to understand and communicate what is said.

Implementation of Hearing Decisions – WIC 4713.5 says regional center must fulfill a hearing decision as soon as possible, within 30 days. They must tell you and DDS if they can’t.

Effective October 1, 2022:

Attendance of Attorneys in the Appeal Process – WIC 4705.5(a) limits when a regional center attorney can attend an informal meeting, mediation, and hearing. See the directive dated September 20, 2022.

Your Right to Ask for Judge to be Disqualified – WIC 4701 says regional center must tell you about your right to request disqualification of a judge.

Effective March 1, 2023:

Mutual Consent for IPP Decisions – WIC 4701(k) says regional centers must give you a notice of action unless there is a letter that you agreed to a denial, termination, or reduction of eligibility or service.

Standard Information Packet – WIC 4708 says regional center must give appeals process information at meetings, when you ask, and with all notices of action. They must also put the packet on their website within 60 days.

Standard Notice of Action Form – WIC 4701 requires an updated notice of action form. Will be posted on the appeals process website.

Standard Appeal Request Form – WIC 4701 requires an updated appeals request form. Will be posted on appeals process website.

Appeal Requests to DDS – WIC 4701(a)(7) and (b) and 4710.5(d) send appeal requests to DDS, not a regional center. DDS will tell regional center and OAH. Send online using appeals process website, by email to appealrequest@dds.ca.gov, or by mail.

Timelines for Appeals – WIC 4707, 4710.6, 4712.5(a)(1), 4713(b), 4715

• Appeal 60 days after you get the notice of action. Appeal in 30 days if you need aid paid pending (services stay the same).
• Regional center must hold an informal meeting in 10 days.
• OAH must hold a mediation within 30 days.
• OAH must hold a hearing within 50 days.
• OAH gives decision within 10 days of hearing and 80 days of appeal.
• Ask for reconsideration within 15 days of the hearing decision. OAH or DDS must decide reconsideration within 15 days.
• Appeal to superior court within 180 days of the hearing decision.

Claimant Options in Appeal Process – WIC 4707 says you can choose informal meeting, mediation, and hearing. You can change your request later. A change may result in a continuance.

Mandatory Mediation – WIC 4711.5 says regional center must participate in mediation if you want it.

Position Statements and Exchanging Evidence – WIC 4712(d) says regional center must give you their position statement in your preferred language 2 business days before hearing. You must give the regional center a witness list and reports 2 business days before hearing. If you have an attorney, they must give the regional center a position statement, witness list, and all documents 2 business days before hearing.

DDS Director’s Delegation of Decisions – WIC 4712.5 says DDS gives the hearing office authority to adopt final decisions. DDS may adopt the proposed decision as the final decision or issue a new final decision.

Reconsiderations - WIC 4713(b) says you or regional center can ask for reconsideration within 15 days of the final hearing decision.

Changes at the Hearing Office – WIC 4712(i), 4712(b)(2) and (3)

• The hearing officer must do the hearing with “engaged neutrality.” Engaged neutrality encourages the free and open sharing to help all parties to bring out information.
• Hearing officers must get training about how to be fairer to people in hearings and learn about disability issues.

DDS Will Collect Data - WIC 4714 says DDS must collect information about informal meetings (issues, claimants, decisions) and mediations and hearings (withdrawn requests and reasons why, issues, claimants, outcomes, timelines, and decisions)