A fair hearing is a type of appeal. If you disagree with a decision about developmental disability services, you (or someone on your behalf) can ask for fair hearing with the Human Services Board.
1. Know the Deadlines
You must file your request for a fair hearing within 90 days of the date on the decision was mailed to you.
If your services have been reduced or stopped and you want your services to continue at the same level while you appeal, you must file your appeal at least 10 days before the date your services are going to be reduced or stopped. You must specifically ask for your services to continue during the appeal.
2. Fill Out the Request Form
Fill out the fair hearing request form on the Human Services Board website.
If you need help filling out and sending in the form, staff members at the agency where you applied for services are required to help you. You can also call the Human Services Board at 802-828-2536 if you need help or for more information.
Fax the completed form to 802-828-3068 or mail it to:
Human Services Board
14-16 Baldwin Street, 2nd Floor
Montpelier, VT 05633-4302
3. Prepare for the Fair Hearing
Your case will be scheduled for a fair hearing, where you will be able to tell an independent hearing officer why you think the decision is wrong.
At the fair hearing you can give the hearing officer information (like doctors’ letters and school records) that help to show why you think the decision is wrong. You can also ask people who know you to come to the hearing and explain to the hearing officer why the decision is wrong. This could be family members, teachers, classroom aides, doctors or therapists.
You and your supporters can participate in the fair hearing in person or you can ask the hearing officer in advance to participate by phone.
The rules covering Human Services Board fair hearings are found in Section 8.11 of the Vermont Developmental Disabilities Act Regulations.
Follow this link to read the rules covering all Human Services Board hearings, including fair hearings. For more information, go to the Human Services Board website.
We may be able to help you with your fair hearing. Call us at 1-800-889-2047 or fill out our form and someone from Vermont Law Help will call you.