Lanterman Act: unfavorable decision on continued services not implemented until 15 days after claimant's receipt
15 days after date the claimant and authorized representative received the final hearing decision, under Cal. Welf. & Inst. Code 4713(a).
Rule text
(a) If the final decision is unfavorable to the claimant, and the claimant has been receiving the services that have been the subject of the appeal, the decision shall not be implemented until 15 days after receipt of the final hearing decision by the claimant and the authorized representative, unless a reconsideration is requested within 15 days from the date of the final hearing decision.
Calculate this deadline
- Trigger (Date the claimant and authorized representative received the final hearing decision): Friday, November 6, 2026.
- Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
- That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, November 21, 2026.
Cal. Welf. & Inst. Code 4713(a)
(a) If the final decision is unfavorable to the claimant, and the claimant has been receiving the services that have been the subject of the appeal, the decision shall not be implemented until 15 days after receipt of the final hearing decision by the claimant and the authorized representative, unless a reconsideration is requested within 15 days from the date of the final hearing decision.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. Compare 4715(a)(3) (services continue up to the 10th day after receipt of the final decision). AMBIGUITY between the 10-day and 15-day periods; counsel should review.
- 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 claimant and authorized representative received the final hearing decision on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.
- Trigger (Date the claimant and authorized representative received the final hearing decision): Monday, March 15, 2027.
- Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 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. Compare 4715(a)(3) (services continue up to the 10th day after receipt of the final decision). AMBIGUITY between the 10-day and 15-day periods; counsel should review.
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.