SECTIONS 19700-19709 - California Statutes

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.