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).

Attendance of Attorneys in the Appeal Process: There are limits on when a regional center attorney can attend an informal meeting, mediation, and hearing. See the DDS directive dated September 20, 2022.

Send Appeals to DDS: Send appeals to DDS, not the regional center. DDS will tell the regional center and OAH. Send online using DDS’s appeals process website, by email to appealrequest@dds.ca.gov, or by mail.

Timelines for Appeals: You have 60 days after you get the notice of action to appeal. You have 30 days to appeal if you need aid paid pending (services stay the same).

Appeal Process Options: You can choose any combination of informal meeting, mediation, and hearing. You can change your request later. A change may result in a continuance.

Mandatory Mediation: The regional center must participate in mediation if you want mediation.

Position Statements and Exchanging Evidence: The regional center must give you a position statement in your preferred language 2 business days before hearing. If you don’t have an attorney, you must give the regional center a witness list and reports 2 business days before hearing.

Changes at the Hearing Office: 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.

Reconsiderations: You or the regional center can ask for reconsideration within 15 days of the hearing decision if there is a mistake of fact or law.

Implementation of Hearing Decisions: The regional center must follow the hearing decision within 30 days. They must tell you and DDS if it can’t.