Lanterman Act: hearing officer's final decision no later than 80 days after DDS receives appeal request
80 days after date dds (or designated agency) received the appeal request form, under Cal. Welf. & Inst. Code 4712.5(a)(1).
Rule text
Within 10 business days of the concluding day of the fair hearing, but not later than 80 days following the date the appeal request form was received by the department or by another agency designated by the department to receive the appeal request form, the hearing officer shall render any final written decision
Calculate this deadline
- Trigger (Date DDS (or designated agency) received the appeal request form): Friday, November 6, 2026.
- Exclude the trigger day and count 80 calendar days: Monday, January 25, 2027.
Cal. Welf. & Inst. Code 4712.5(a)(1)
Within 10 business days of the concluding day of the fair hearing, but not later than 80 days following the date the appeal request form was received by the department or by another agency designated by the department to receive the appeal request form, the hearing officer shall render any final written decisionOfficial 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. Tribunal deadline; extended by claimant continuances.
- 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 DDS (or designated agency) received the appeal request form on Monday, March 15, 2027, personal service: due Thursday, June 3, 2027.
- Trigger (Date DDS (or designated agency) received the appeal request form): Monday, March 15, 2027.
- Exclude the trigger day and count 80 calendar days: Thursday, June 3, 2027.
Notes
Text as operative March 1, 2023 (SB 188, Stats. 2022, ch. 49). Hearings are conducted by the OAH under contract with DDS. Tribunal deadline; extended by claimant continuances.
Related deadlines
- Regional center: adequate notice at least 30 days before reducing, terminating or changing IPP services (30 days before)
- Regional center: notice of denial of requested new service within 5 business days after decision (5 business days after)
- Lanterman Act: appeal request (informal meeting, mediation and/or fair hearing) within 60 days after notification of regional center decision (60 days after)
- 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)
- Lanterman Act: informal meeting held within 10 days after DDS receives the request (10 days after)
- Lanterman Act: regional center's written informal meeting decision within 5 days of the meeting (5 days after)
- Lanterman Act: tell regional center within 3 days of receiving informal meeting decision whether proceeding to mediation/hearing (preserves 90-day HCBS decision right and aid paid pending) (3 days after)
- Lanterman Act: appeal deemed withdrawn 60 days after receipt of informal meeting decision if claimant has not said they will proceed (60 days after)
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.