(a) âAdequate noticeâ means a written notice using the form prescribed by the department. The notice shall be in plain, clear, and nontechnical language. The notice shall be provided in the language preferred by the recipient or applicant receiving the notice, and, if appropriate, the authorized representative. The notice shall be sent to the recipient or applicant and, if appropriate, their authorized representative, as specified in Section 4710. The notice shall provide the following information: (1) The action that the regional center or state-operated facility proposes to take, including a statement of the facts upon which the regional center or state-operated facility is relying. (2) The reason or reasons for that action. (3) The effective date of that action. (4) The specific provision or provisions of law, regulation, or policy supporting the action. (5) Information on availability of advocacy assistance, including referral to the clientsâ rights advocates specified in Sections 4433 and 4433.5, the State Council on Developmental Disabilities, publicly funded legal services organizations, and other advocacy organizations, including the agency designated as the protection and advocacy system as required under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. Sec. 6000 et seq.) and as provided in Division 4.7 (commencing with Section 4900). (6) A statement indicating whether the recipient is a participant in the Medicaid home and community-based services waiver. (7) Information about how to file an appeal with the department, unless the department has designated another agency to receive appeal requests, and the contact information for the department. (8) Information about the following rights that are available at all steps in the appeals process: (A) To have an interpreter provide interpretation in the preferred language of the applicant or recipient and, if appropriate, the preferred language of the authorized representative. (B) Access to records, including all records maintained in the individualâs regional center or state-operated facility file, pursuant to Article 5 (commencing with Section 4725). (9) Information about the following rights if a fair hearing is requested: (A) The opportunity to attend and participate in all proceedings and to present written and oral evidence. (B) The opportunity to examine and cross-examine witnesses. (C) The right to appear in person with counsel or other representatives of their own choosing. (D) The fair hearing shall be completed and a final administrative decision rendered within 90 days of the date the hearing request form is received by the department unless the fair hearing request has been withdrawn or the time period has been extended in accordance with this chapter. (E) The right to request the disqualification of the hearing officer by filing an affidavit or making an objection on the record as specified in subdivision (g) of Section 4712. The information required by this subparagraph shall be included in the notice required by this paragraph no later than October 1, 2022. (10) Information about the appeals process and timelines, including when current services are continued during the appeals process, and when a claimant can request a continuance. (11) (A) Whether or not the individual is eligible for an exemption or exception to the action the regional center proposes to take as specified in subparagraph (D) of paragraph (6) of subdivision (a) of Section 4648, subdivision (d) of Section 4648.35, subdivision (d) of Section 4659, subdivision (i) of Section 4689, and subdivisions (a) and (d) of Section 4689.05, subdivision (b) of Section 95004 of the Government Code, and paragraph (3) of subdivision (e) of Section 95020 of the Government Code. (B) The specific law supporting any of the above-specified exemptions or exceptions. (b) âAppeal request formâ means a form prescribed by the department that includes the name, address,
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