19700-19709
WELFARE AND INSTITUTIONS CODE
SECTION 19700-19709
19700. (a) There is in the department a Rehabilitation Appeals Board consisting of seven members, one of whom shall be designated chairperson. The chairperson and the members of the board shall be appointed by the Governor with the advice and consent of the Senate for terms of four years. The members of the board shall be selected for their interest and leadership in activities to encourage and enable the disabled and otherwise disadvantaged to participate fully in the economic and social life of the community. (b) A majority of the members of the board shall be disabled persons who have overcome their disabilities, including those who have done so with the assistance of public agencies, and who are independently self-supporting in the regular businesses, professions, and occupations of the community. (c) No member of the board shall have a personal or financial interest that would affect his or her objectivity in matters before the board. 19700.1. For the purposes of this chapter, the following definitions shall apply: (a) "Appellant" means an applicant or client who has filed an oral or written request for an administrative review or a written request for a fair hearing. (b) "Applicant" means any individual who has applied for vocational rehabilitation or independent living services which the department provides. The term also refers to individuals who apply for such services and are found ineligible. (c) "Client" means any person receiving vocational rehabilitation or independent living services or support from the department. 19701. (a) The members of the board shall receive their actual and necessary traveling expenses incurred in the course of official duties. (b) In addition to subdivision (a), each member shall receive a per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties. Those payments shall be made from federal and state general fund moneys appropriated to the department. 19702. (a) The members of the board shall meet whenever required to hear appeals that have been filed with the board. Special meetings shall be approved by the director and called by the chairperson, who shall notify the other members of the time and place of those meetings. (b) The director, in consultation with the board, shall determine and provide necessary staff support and assistance for the board in conducting fair hearings and issuing decisions. (c) Three members of the board shall constitute a quorum for the performance of any duty or the exercise of any power of the board. 19703. (a) The provisions of this chapter relative to vocational rehabilitation or independent living services, or both, shall be administered fairly to the end that all persons who are eligible and apply for those services shall receive the services to which they are entitled under state and federal statutes and regulations promptly and with due consideration for their needs. (b) Any applicant for services, or client of the department shall be informed as to the provisions of eligibility and his or her responsibility for reporting facts material to a correct determination of his or her eligibility for services. (c) Any applicant for services, or client of the department who is denied vocational rehabilitation or independent living services, or both shall be notified in writing of the grounds on which the denial is based. 19704. If any applicant for, or client of, the department is dissatisfied with any action of the department relating to his or her application or receipt of services, or if any person who desires to apply for that assistance is refused the opportunity to submit a signed application therefor and is dissatisfied with that refusal, he or she shall, upon filing a request with the department within one year after the decision or action complained of, have a right to an administrative review and redetermination by a member or members of the supervisory staff of the department and a formal fair hearing before the Rehabilitation Appeals Board. An administrative review shall not delay a hearing before the board if that hearing is requested. The review shall be held and the decision of the reviewer shall be rendered to the applicant or client within 15 days of the date the request was filed. A fair hearing shall be held within 45 days of the date a written request is received by the board. 19705. (a) The department shall set the hearing specified in Section 19704 before the Rehabilitation Appeals Board and shall give all parties concerned written notice of the time and place of the hearing. (b) At the hearing, the appellant may appear in person, may be accompanied by a representative of his or her own choosing, or may designate a representative to appear on his or her behalf. The appellant may submit the matter on the written record and waive the right to appear at the hearing. (c) Upon a joint request of the parties or upon a showing of good cause by either party, the board may grant extensions of time or continuances of the hearing. 19706. (a) In each appeal to the Rehabilitation Appeals Board, the written notification required by Section 19703, and, if applicable, the decision of the reviewer required pursuant to Section 19704, shall form part of the record. (b) Three or more members of the board shall hear all relevant evidence and shall consider each case on the basis of the laws and regulations controlling the department and shall render a final decision that has been approved by a majority of the board members present at the hearing within 45 days. (c) The board shall send its written decision by certified mail to the appellant, the appellant's authorized representative, and the department. 19708. (a) Information in the appellant's case record shall, upon request and proper identification, be disclosed to the person or his or her authorized representative. Medical, psychological, or other information which the department believes may be harmful to the person shall not be released directly to that person, but shall be provided through his or her authorized representative, including, but not limited to, a physician or a licensed or certified psychologist. All records made or kept by any public officer or agency in connection with the administration of any vocational rehabilitation program shall be open for inspection by the applicant or client to which the information relates and by any other person authorized in writing by the applicant or client. The written authorization shall be dated and signed by the applicant or client and shall expire one year from the date of execution. (b) In the event of any hearing under the provisions of this chapter, the authorized representative of the appellant shall be entitled to inspect the case record relating to the appellant prior to, as well as during, the hearing. 19709. (a) The appellant, within six months after receiving notice of the board's final decision, may file a petition with the superior court, under Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. The review, if granted, shall be the exclusive remedy available to the appellant for review of the board's final decision. The department shall be the sole respondent in the proceedings. (b) No filing fee shall be required for the filing of a petition pursuant to this section. Any of these petitions to the superior court shall be entitled to a preference in setting a date for hearing on the petition. No bond shall be required in the case of any petition for review, nor in any appeal therefrom. The appellant shall be entitled to reasonable attorney's fees and costs, if he or she obtains a decision in his or her favor.