Jul 17, 2010

APD case action that led to a request for hearing.

This is to help Support Coordinators. It is critical that
you properly guide your consumers/guardians with the DOAH hearing process. Please ensure that you immediately share this information with your support coordination staff.

I recommended that you use the sample letters that you were provided (also
attached) to share with your consumer/guardians to provide clarity about
this process for them.

Here is a link to view the sample letters:

For anyone who requested a hearing (Rebasing, Tier etc...) the Agency
Clerk has forwarded the request to DOAH via a Notice titled "APD CASE
ACTION." This Notice will identify the APD case action that led to a
request for hearing. For example it will say "Notice of Hearing Request
for Tier Assignment" or "Notice of Hearing Request for Cost Plan
Rebase." (Refer to attached letter # 1 or #2). This Notice will be
sent to the client and/or his representative AND to the attorney who is
representing APD in this proceeding. This Notice does not require a
response but it contains pertinent information which includes contact
information for the APD attorney as well as puts the
client/representative on notice that his request has been forwarded to

After the Agency Clerk sends out the Notice, DOAH will assign an
Administrative Law Judge and case number. The ALJ will now be sending
out further documents in the form of "Orders" or "Notices" directly to
the APD attorney AND the consumer and/or his representative. These
notices and Orders will most likely require a response or further action
by both parties (refer to letter #3 enclosed in attachment). These
Orders and Notices are time sensitive for the most part. Should the
client and/or their representative need to either file an answer or
document or ask any questions regarding their case they MUST follow up
with the APD attorney identified in these documents. Information cannot
be sent through APD Area 11 Office (Melissa Lopez or Hilda Fluriach)
since we are not able to forward it to DOAH.

There will probably be changes to this procedure for requests for
hearings submitted after July 1st. However, we will not know anything
further until after the training scheduled for next week in APD Central

A request to withdraw a hearing must include which request for hearing
is being withdrawn. Some consumers have Rebasing and Tier hearings
pending and unless it is stated which hearing is being withdrawn we
cannot process it thereby delaying the process. These request sometimes
ask that Melissa Lopez or Hilda Fluriach adjust ABC to reflect the
correct tier. The APD Area Office staff do not have the authority to
change ABC. Once the withdrawal is received and a Final Order issued
then APD Central Office will make the necessary changes in ABC.

Please note that Hilda Fluriach will not be able to address individual
specific questions for each consumer's hearing request due to the volume of
the calls that she has been receiving. She will only be able to provide
general information or answer as best as she can, but again, be reminded
that the attorney representing APD that is listed on sample letter #1
or letter #2 is who you should contact regarding your consumers.

Here is a link to view the sample letters:

I hope this will assist you all with this process.