The appeal process for early intervention looks slightly different from the appeal process for children ages three and over, because the programs are governed by different sets of statutes. If your child is over age three, please see this article instead.
If the Regional Center determines that your child is not eligible to become a Regional Center consumer and you disagree with their decision, you can file a written appeal within 30 days of receipt of the decision.
Send written appeals to:
Office of Administrative Hearings (OAH)
Attention: Early Start Intervention Section
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833
Phone: (800) 515-2229
Fax: (916) 376-6318
Alternative Fax: (916) 263-0549
The early intervention appeal process operates on a substantially faster timeline than most administrative appeals. Due process hearings in the EI program must take place within 30 days of OAH’s receipt of your request for hearing. Once you initiate a hearing request, the Regional Center may contact you to attempt to resolve the matter outside the hearing, either completely informally or at an informal mediation conference. Many disputes can be resolved informally once the appeal process is in motion.
You may file a Request for Mediation Conference form and Request for Fair Hearing form simultaneously, if you feel that a formal mediation may be the best approach but also want to have a hearing timely scheduled in case mediation is unsuccessful.
If you are able to resolve the dispute informally, the Regional Center will provide you with a form to sign to let OAH know that you consider the matter resolved and are requesting to take the appeal off-calendar. You should ensure that you have the agreed-upon outcome of the dispute resolution documented in writing before you sign this form.
