Appeals Process
Facility Appeal
Title 17 of the California Code of Regulations provides
residential service administrators with the right to appeal
certain actions taken by a regional center.
The specific actions are as follows: findings of substantial
inadequacy, findings of immediate danger, sanctions, service
level disapprovals, and enforcement of a requirement not
contained in applicable regulations.
Regulation requires that a facility administrator provide
specific information when filing a facility appeal. Regulation
also provides administrators with certain appeal rights,
which include the right to participate in a hearing, review
records related to the appeal issue prior to the hearing,
the right to have representation by counsel, present oral
and documentary evidence, and cross examine witnesses.
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Vendor Appeal
Title 17 of the California Code of
Regulations provides vendors with the right to appeal certain
regional center actions.
The specific regional center actions are as follows: denial
of a vendorization application, regional center noncompliance
with the provisions of the vendorization regulations, and
noncompliance with the regulations that govern termination
of vendorization.
An applicant or vendor may file an appeal directly with
the regional center director. It is important to note that
the appeal must be filed with the vendoring regional center.
Regulation requires that the appeal be made in writing and
contain specific information. This appeal process does not
afford the vendor with a hearing, but does allow the vendor
to submit all supporting documentation. In those cases where
the regional center has determined that the vendor has not
submitted all of the required information, the regional
center will make a written request for additional information.
It is important to note that a failure
to respond to a written request for information could result
in the regional center deeming the appeal as withdrawn and
no further action will be taken. In the event that the vendor
disagrees with the regional center’s decision, the vendor
has the right to appeal to the Department of Developmental
Services.
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Fiscal
audit appeal
Regional Centers have a statutory obligation
to monitor vendors, including parent vendors, to ensure accountability
for the funding expended toward the purchase of service for
individuals with developmental disabilities.
One method of monitoring used by regional centers is random
audits.
Audits may be conducted to verify the units of service delivered
to a consumer or group of consumers, to verify wages paid
by the vendor to their workers, to verify vendor staffing
ratios, to verify vendor cost statement financial information,
and to verify consumer Personal & Incidental (P&I)
funds maintained by residential facilities. In the event that
a regional center vendor disagrees with the findings in the
final audit report, the vendor has the right to appeal the
findings.
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FAQ
