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Residential Facility Appeals

The administrator of a residential facility may appeal to the director of a regional center the following specific actions taken by the regional center as defined in Title 17, California Code of Regulations Chapter 3 Subchapter 4:

  1. Findings of substantial inadequacy pursuant to Section 56054;
  2. Findings of immediate danger pursuant to Section 56053;
  3. Sanctions pursuant to Section 56057;
  4. Service level disapproval pursuant to Section 56005; and
  5. Enforcement of any requirement by the regional center which is not contained in Title 17, California Code of Regulations, Division 2, Chapter 3, Subchapters 4 and 6.

The administrator's written appeal request must be submitted to the regional center director within 30 days after the receipt of written notification from the regional center of the action and shall:

  1. Indicate the name and address of the facility;
  2. Identify the specific action being appealed;
  3. Describe the potential adverse impact on the facility;
  4. Describe the specific basis of the appeal;
  5. Include information necessary to substantiate the legal and factual basis of the appeal;
  6. Be signed by the administrator; and
  7. Be deemed filed on the date submitted to the regional center.

Within 15 days of receipt of the appeal, the regional center director will review the appeal to determine whether it includes the information required. If all the required information has been received, notice of a hearing date will be sent to the administrator by certified mail within 15 days of receipt of the information, specifying the date, time, and place of the hearing and the matter(s) to be heard. The hearing date shall be set no later than 25 days from receipt of all required information.

Within 60 days after the date of the hearing, the regional center director will render a decision and submit a written notification of the decision to the administrator. The administrator, if dissatisfied with the decision rendered by the regional center director, may appeal the decision to the Director of the Department of Developmental Services. The written appeal to the Director must be submitted within 15 days from receipt of the written decision by the regional center director.

 
 
Last Updated: 10/23/2007