SECTIONS 4715-4716 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4715-4716

4715. (a) Except as otherwise provided in this section, if a
request for a hearing is postmarked or received by the service agency
no later than 10 days after receipt of the notice of the proposed
action mailed pursuant to subdivision (a) of Section 4710, services
that are being provided pursuant to a recipient's individual program
plan shall be continued during the appeal procedure up to and
including the 10th day after receipt of any of the following:
(1) Receipt by the service agency, following an informal meeting,
of the withdrawal of the fair hearing request pursuant to Section
4710.9.
(2) Receipt by the service agency, following mediation, of the
withdrawal of the fair hearing request pursuant to subdivision (a) of
Section 4711.4.
(3) Receipt by the recipient of the final decision of the hearing
officer or single stage agency pursuant to subdivisions (a) and (c)
of Section 4712.5.
(b) Services continued pursuant to subdivision (a) may be modified
by agreement of the parties in accordance with the decision of the
interdisciplinary team and the individual program plan.
(c) Any appeal to a court by either party shall not operate as a
stay of enforcement of the final administrative decision, provided
that either party may seek a stay of enforcement from any court of
competent jurisdiction.

4716. Nothing in this chapter shall presume the incompetence of any
person with a developmental disability to participate in any of the
appeals procedures established herein.