Lanterman Act: appeal postmarked or received within 30 days after receipt of notice of proposed action (and by the effective date) keeps services in place during appeal

30 days after date the recipient received the 4710(a) notice of proposed action, under Cal. Welf. & Inst. Code 4715(a).

Rule text

(a) Except as provided in this section, if an appeal request is postmarked or received by the department or by another agency designated by the department to receive the appeal request, no later than 30 days after receipt of the notice of the proposed action sent pursuant to subdivision (a) of Section 4710, but no later than the effective date of the action, services that are being provided pursuant to a recipient's individual program plan shall be continued during the appeals process ...

Cal. Welf. & Inst. Code 4715(a), official source

Calculate this deadline

Deadline
Sunday, December 6, 2026
  1. Trigger (Date the recipient received the 4710(a) notice of proposed action): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
Rules applied
Cal. Welf. & Inst. Code 4715(a)
(a) Except as provided in this section, if an appeal request is postmarked or received by the department or by another agency designated by the department to receive the appeal request, no later than 30 days after receipt of the notice of the proposed action sent pursuant to subdivision (a) of Section 4710, but no later than the effective date of the action, services that are being provided pursuant to a recipient's individual program plan shall be continued during the appeals process ...
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Text as operative March 1, 2023 (SB 188, Stats. 2022, ch. 49). Hearings are conducted by the OAH under contract with DDS. TWO limits, whichever is EARLIER: 30 days after receipt of the notice, and the effective date of the action stated in the notice. Enter both and use the earlier. Postmark counts. Roll: none recommended because the effective-date limit does not roll (conservative).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the recipient received the 4710(a) notice of proposed action on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the recipient received the 4710(a) notice of proposed action): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Unsettled points

  • The calculator's 15-day implementation date is unchanged; claimants should treat the 10th day after receipt as the last safe day for continued services.Other reading: If WIC 4713(a) controls, services continue until 15 days after receipt, 5 days longer.

Notes

Text as operative March 1, 2023 (SB 188, Stats. 2022, ch. 49). Hearings are conducted by the OAH under contract with DDS. TWO limits, whichever is EARLIER: 30 days after receipt of the notice, and the effective date of the action stated in the notice. Enter both and use the earlier. Postmark counts. Roll: none recommended because the effective-date limit does not roll (conservative).

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.