California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 12 - Administrative Review, Mediation, Fair Hearing and Discrimination Complaint Procedures
Article 1 - General Provisions and Administrative Reviews
Section 7353 - Administrative Review - Appellants

Universal Citation: 9 CA Code of Regs 7353

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) All requests for administrative review of an action of the Department relating to the application for or receipt of services shall:

(1) Be made within one year of the action(s) or decision(s) with which the appellant is dissatisfied except as set forth in Sections 7227 and 7344.

(2) Be made orally or in writing to the District Administrator or Orientation Center for the Blind Administrator responsible for overseeing the local office in which the action or decision with which the appellant is dissatisfied was initiated.

(3) Include the following information:

(A) The reason for the appeal and why the appellant thinks the decision should be changed.

(B) The action the appellant wishes to have taken.

(b) The review shall be conducted:

(1) By the Administrative Review Officer, except as provided in (e).

(2) In the presence of the appellant, or authorized representative unless either party has waived the right to attend and present additional information. Such waiver shall be in the form of a written authorization allowing the Department to conduct the review solely upon the information specified in (a)(3) and the information contained in the case record.

(3) During Departmental working hours at a local office convenient to the residence of the appellant or authorized representative.

(c) Interpreter and reader services shall be provided for the administrative review upon request for clients who are non-English-speaking, deaf, hearing impaired, speech impaired, blind, or visually impaired.

(d) Transportation and attendant services may be provided for the administrative review upon request for those who require such help and are unable to secure assistance through other sources.

(e) The Administrative Review Officer may delegate the review to a Rehabilitation Supervisor, but shall not delegate the review to the same supervisor who participated in the decision with which the appellant is dissatisfied.

(f) The Administrative Review Officer, or the Rehabilitation Supervisor who was delegated to conduct the review, shall prepare the written decision which shall be sent to the appellant, in their preferred mode of communication, with an additional copy to the authorized representative, if any, within 15 days of the date of the request. The written decision shall inform the appellant/authorized representative that, if he or she is dissatisfied with the decision rendered as a result of the optional administrative review, a written request for a fair hearing must be filed with the Department within 30 days of the receipt of the decision. The written decision shall also inform the appellant/authorized representative of the right to request a mediation.

(g) The written decision shall be filed in the case record.

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Section 722(c)(4)(A); 34 CFR 361.48(b); and Sections 19703 and 19704, Welfare and Institutions Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.