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.
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a failure to respond to a written request for information could result in the regional center deeming the appeal as withdrawn and no further action will be taken.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.
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.