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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102185
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What does California 11440.30() say in reference to Regional Center hearings. What ar

Customer Question

What does California cod 11440.30(b) say in reference to Regional Center hearings. What are valid reasons to have telephonic testimony? The Regional Center states they can't see the witness so won't know if witness
honest. Witnesses have private practices and it will prevent them from seeing clients who are counting on their services. I need advice from an attorney who handles Regional Center matters and is familiar with the Lanterman Act
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
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The Lanterman Developmental Disabilities Act does not apply here, I am afraid. The Lanterman Act declares that persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other persons by federal and state constitutions and laws, and charges the regional center with advocacy for, and protection of, these rights.
However, the Act does not necessarily allow one who is disabled to mandate that the Court allow them to appear in a telephonic hearing.
The court can decide to allow a party of witness to appear via telephone by its discretion. Good reasons are generally seen as:
-crippling disability that disallows leaving the home;
-financial inability to pay for transport to the courthouse;
-an illness; or
-a family emergency that disallows being at the court.
Per CAL. GOV. CODE § 11440.30, the hearing officer0" may conduct telephone, television, or other electronic means." May - not must. And this is IF they agree to do so, and IF no other party objects.
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