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HomeMy WebLinkAboutMINUTES - 07201993 - H.4 FROM: Perfecto Villarreal, Director Social Service Department DATE: July 20, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY CHARLENE CRANDALL SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Charlene Crandall's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on May 18, 1993. The hearing was scheduled for June 14, 1993. The claimant did not appear for the hearing and the claim was dismissed. Signature: ACTION OF BOARD ON July 20 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Charlene Crandall of the General Assistance Evidentiary hearing decision. Barbara Weidenfeld, Social Service Department, presented the staff report on the appeal . The appellant was not. present. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal by Charlene Crandall of the General Assistance Evidentiary hearing decision is DENIED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: — I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Service Dept. Appeals Unit ATTESTED July 20 , 1993 Program. Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel County Administrator SUPERVISOR ND C U TY ADMINISTRATOR Charlene Crandall BY o , DEPUTY Social Service Department Contra Please reply to: l 40 Douglas Drive Perfecto Villarreal Costa Martinez.California 94553-4068 Director County 6/01/93 ► CHARLENE CRANDALL 1843-B SECOND ST. Concord, CA 94518 Re: 429077 EW: A4AC Filing Date: 5/18/93 Dear CHARLENE CRANDALL We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 40 MUIR RD. MARTINEZ, CA 94553 Date: 6/14/93 Time: 9: 00 AM Because 7 or more ',carings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first served basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State Fair Hearing is separate and apart from the County Evidentiary hearing. SOCIAL SERVICE APPEALS UNIT KA:gs Social .Service Department Contra Please reply to: 40 Do:,a!as Drive Perfecto VillarrealCApart nez.California 94553-4068 Director Costa OJta County =i rTqioivt`•'` EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #07-429077-A4AC Date of Notice: 5/5/93 Ms. Charlene Crandall Date of Action: 5/31/93 1843-B Second St. Filing Date: 5/18/93 Concord, CA 94518 Hearing Date: 6/14/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for June 14, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter dated June 1, 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . Appeals must be filed Within fourtreen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: June 17 , 1993 Carole Allen Social Service Appeals Officer CA:gs .40TICE.OF•PROPOSED ACTION COUNTY OF GA 239 H CPENERAL ASSISTANCE PROGRAW. CONTRA COSTA _ DEL 1193 �'+r NOTICE DATE 05-05-93 A4AC R CASE NAME CRANDALL CHARLENE ; •.�; a . : �)UNTY NUMBER 09-04290771--00-0 t RY)*E WORKER NAME U EALZAR I NI E N � . TELEPHONE A4AC 313-1947 ADDRESS 30 M UI R ROAD MAY l9 12 5s PM �9� MARTINEZ CA 94553 Questions?Ask your Worker. (ADDRESSEE) Sl neeeslt• un• se odweidn do dose, Hose • ou sr.CoiWor(s) itn dns/Cd lthi lde wil Tedi•tnC fide euo GIne niu efn Cin d{eh r C HARL ENE CRANDA LL " 1 1843 SECOND STREET CONCORD CA 94518 LYOUR GENERAL ASSISTANCE J AVE BECAUSE I HU THEYOU REQUIREMENT NOFRTHEDGENEERRABE ALL�A SSISTANCEAALCCOOHOLPDR�G DIVER ION SERVICE BY FAILING TO MEET YOUR RESPONSIBILITIES WITHOUT GOOD CAUSE IN THESE SPECIFIC INSTANCES: DATE OF FAILURES) NATURE OF FAILURES) L4/2-/!l 3 14/9 93 2 BECAUSE OF TH S AILURES YOU NILL BE IN wI618LE GENERAL ASSISTANCE FOR A PERIOD OF ONE MONTH. IF YCU WISH TO REAPPLY FOR GENERALoe ASSISTANCE• YOU MAY AGAIN IF ELIGIBLE TO AID ON OR AFTER —► 7' DEPENDING UPON YOUR CIRCUMSTANCES AT THAT TIME. ANY FURTHER FAILURE TO MEET THE ELIGIBILITY REQUIREMENTS OF THE GENERAL ASSISTANCE ALCOHOL DRUG DIVERSION SERVICE MAY RESULT IN ANOTHER PERIOD OF INELIGIBILITY. IF YOU HAVE ANY QUESTIONS• OR YOU BELIEVE THIS ACTION IS INCORRECT• OR YOU WISH TO GIVE YOUR REASONS WHY YOU THINK ANY FAILURE TO COOPERATE OR TO COMPLY WITH GA REQUIREMENTS SHOULD BE EXCUSED• YOU ARE ENTITLED TO TALK ABOUT THESE THINGS WITH YOUR ELIGIBILITY WORKER OR THE SUPERVISOR. THIS ACTION IS REQUIRED BY THE FOLLOWING LAWS AND/OR REGULATIONS DEPARTMENT MANUAL SECTIONS: 49-102 APPLICATIONS AND RECEPTION 49-111 DISCONTINUE*ESS� ANDERC9YLFULNtY PIOOF INELIGIBILI 49-210 EMPLOYABLE PROGRAM 51-500 EMPLOYMENT SERVICES BOARD RESOLUTION 92/553 GA239 DISC— FAILED TO MEET GAADDS REQUIRFMENTip POI... 011-2 'A 239H(5/87) 0 504 93 H GA 239 H 1. You have the right to a conference with "representatives of the Social Service Department to talk about this intended action. At such a conference, you may speak for yourself or be represer'ted by a lawyee� a friend or other spokesman. If you want a conference, coatact-yqur wprkeriwithin'tbn'days of'the date of:this notice: 2. If this notice proposes a denia[or discontinuance or a period of ineligibility for failure to meet pt'okilam requirements, you are entitled to a hearing at which the Department must prove your failure to comply, and you will be entitled to show that the failure is excused for good cause or because it was not willful. �. Whether you request a;conference or no(;you-sls0.have the right.tb request a Hearing and a Oecision'. 'Your request must be in'writing. Your request fora hearin&must be mailed'brldelfvered to Social Service Debartment within 14 i l days of the date of this notice. 4. If you ask for e,Haaring within 14 days of the date of this notice, and if this notice proposes a reduction or ` .termi4ation of a,GA grant that you are now receiving, your aid will be coatibued until•d.tedssion has.been reached. 5. Your'county worker will help you ask for a Hearing. '/ t%` T If the decision is'that you,were not entitled to the aid which you we;e paid, the ove'rpay�ient may be recovered from you by reducing your Genei•`al Assistance grant aftet the decision, or through othee legal means' 7. At a Hearing you have the right to be represented by an attorney or any other person (a friend, relative, or any other spokesman) of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice and services by contacting the nearest legal services office at: CONTRA COSTA LEGAL.SERVICE SERVICES FQVNDATION • t � ; ' From East CCC call 439-9166 ` From West CCC call 233-9954 From Central CCC call 372-8209 8. You have the right to request that the Eligibility Worker, Work Programs staff, or any staff member who has actual knowledge regarding the issue under appeal be present at the Hearing as a witness.P 9: Regulations governing Ilearings are available at this office,of the,eoonty welfare depapment, IF YOU WISH TO REQUEST A HEARING,WRITE TQ:• Office of Appeals Coordinator 40 Douglas Drive Martinez, CA 945534068 Please include one copy of this notice with your hearing request and keep the other copy for your records. If you wish to have your wbrkei or other staff person present at the Hearing, please indicate that on your Hearing request. REMEMBER THAT YOUR REQUEST FOR HEARING MUST BE MAILED OR DELIVERED TO THE SOCIAL SERVICES DEPARTMENT WITHIN 14 DAYS OF THE DATE OF THIS NOTICE. 4n74 0.0 a O I L 11 tmg) Z .A N �• y ., • i CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: ,Tune 29 , 1993 Appeals and Complaints Division FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT: Hearing on Appeal from Administrative Decision Rendered On General Assistance Benefits Filed by Charlene Crandall Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2 : 00 p.m on Tuesday, July 20 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive The Board of Superviqgs Contra • Phil BatchelorthBoar Clerk of the Board and County Administration BuildingCota County Administrator Costa 651 Pine St., Room 106 s (510)646-2371 t Martinez, California 94553 County Tom Powers.1st District Jeff Smith,2nd District Gayle Bishop.3rd District Sunne Wright McPeak 4th District Tom Toriakson,5th District z, (w June 29 , 1993 Charlene Crandall 1843-B Second Street Concord, CA 94518 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4. 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107 , County Administration Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on Tuesday, July 20 , 1993 . In accordance with Board of Supervisors Resolution No. 75/28 , your written presentation and all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure. Very truly yours, PHIL BATCHELOR, Clerk of. the Board of Tsvisors 04 114-4 �Ell d County Administrator By Ann Cervelli, Deputy C er Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF &ERVISORS OF CONTRA COSTA COIF, CALIFORNIA Re: General Assistance ) t Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance are made to the Board of Supervisors pursuant to Board of Supervisors Resolution 71+/365; and this Board therefore estab-• lishes these uniform procedures for- such appeals , effective today. 1. A written appeal must be Tiled with the Clerk of. the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. Both the Appellant (the General Assistance applicant or recipient ) and the Respondent (the Social Service Department ) must file all written materials at least one week before the date set for }bard hearing, of the appeal. 3. Upon hearing of the -appeal , the Board shall make any required fact determinations based .on the record on appeal . This record shall include the Department 's Hearing Officer's fact findings, plus any papers filed with that ,.Officer. The Board will not allow the parties to present new facts at time of appeal , either orally or in writing, and any such presentation will be - disregarded. If the .facts upop which .the. appeal is based are not in dispute, or if any. disputed.SaGs!-,are' not relevant to the issue ultimately to be decided by .the Board, the Board will proceed Immediately to the next 'atep,-.X&tbout ;considering fact questions. , ' The parties may stipulate ,to•"an ig,reed set of facts. 4. Once the facts are determined, or if there are no fact determinations required :tiy" th:4'ti rj*h1, the Board will consider legal issues 'presented- by--tho: -apFbal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department 's Hearing Officer's decision and such other . papers as may be filed. Appealing parties may make legal arguments both by written. brief and orally before the..Boardd , If the issues are susceptible of immediate resolution, the Board may, if it desires , immediately decide them at the appeal hearing;. If the County Counsel's ad- vice is needed on legal questions', the Board will take the matter' under submission, reserving its final .judgment until it receives such advice. -1- RESOLUTION NO. 75/28 . i t 5. If the Board's tentative decision is adverse to the appellant , the Board may modify or reverse its tentative con- clusion for policy reasons , insofar as such modification is not Inconsistent with law. Such action may be taken when the Board, In its discretion, determines it to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with its decision. Unless so stated , a decision shall have no precendential effect on future cases . ' G. Having made factual determinations , having received advice on the legal issues, and having applied policy cons•idera- tions , the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning of the decision. The .• Board may direct the County •Counsel ,to draft a proposed decision for its consideration. 7. The Board may contra ct, w.ith :a hearing officer, who shall be a member of the California Bar, to act on its behalf in con- ducting General Assistance appeals. The Board 's Hearing Officer shall follow steps .. 1 through ,4 ,above,, and shall recommend .a proposed decision, stating findings o� fact and summarizing the reasoning of the proposed decition. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own interpretation of the record on appeal and applicable law. i PASSED on January V1 , 1975, unanimously by the Supervisors present . I URTMED COPY I certity tbat this is a full, true ! eorrect e0y7 of the original document which Is on file in my office. and that It was passed ! adopted by the Board of Supervisors of Contra Costa County, California, on the date shown. ATTEST: J. R. OLSSON, County Clerk!esofflclo Clerk of said Board of Supervisors, by Deput Clerk. --•- on 1 41975 cc: Uirector, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator RECEIVED .2J JUN 2 819M • I CLERK BOARD OF SUPERVISORS CONTRA COSTA CQ. V-0 S- 2 a-CA-� Social Service DepartAnt Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 s Director s i County co, -•J. EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County 107-429077-A4AC Date of Notice: 5/5/93 Ms. Charlene Crandall Date of Action: 5/31/93 1843-B Second St. Filing Date: 5/18/93 Concord, CA 94518 Hearing Date: 6/14/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scrcduled for June 14 , 1993 . Claimant was duly notified of the date, time and place of Hearing via letter dated June 1, 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553. Appeals must be filed within fourtreen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: June 17 , 1993 Carole Allen Social Service Appeals Officer CA:gs I F 0 CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: June 29 , 1993 Appeals and Complaints Division FROM: Jeanne Maglio, Chief Clerk Ann Cervelli , Deputy Clerk SUBJECT: Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed by Charlene Crandall Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2 : 00 p.m*n Tuesday, July 20 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive The Board of Supervi,*s Contra • Ce'rkotttheBaid and County Administration Building Costa County Administrator 651 Pine St., Room 106 (510)646-2371 4 Martinez, California 94553 County Tom Powers.1st District Jeff Smith,2nd District Gayle Bishop.3rd District ,•%. _ Sunne Wright McPeak 4th District Tom Torlakson,5th District .; 'Cryta �` ro N June 29 , 1993 Charlene Crandall 1843-B Second Street Concord, CA 94518 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4. 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on Tuesday, July 20 , 1993 . In accordance with Board of Supervisors Resolution No. 75/28, your written presentation and all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure. Very truly yours, PHIL BATCHELOR, Clerk of. the Board of TSvisors OEI d County Administrator By04 Ann Cervelli , Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF OERVISORS OF CONTRA COSTA COUJ, CALIFORNIA d Re: General Assistance ) S Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance are made to the Board of Supervisors pursuant to Board of Supervisors Resolution 711/365 ; and this Board therefore estab lashes these uniform procedures for. such appeals, effective today. 1. A written appeal must be filed with the Clerk of the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department' s Complaints and Appeals Division. 2. Both the Appellant (the General Assistance applicant or recipient ) and the Respondent (the Social Service Department ) must file all written materials at least one week before the date set for Board hearing of the appeal. 3. Upon hearing of the appeal , the Board shall make any required fact determinations based on the record on appeal. This record shall include the Department 's Hearing Officer's fact findings, plus any papers filed with that .Officer. The board will , not allow the parties to present new facts at time of appeal , either orally or in writing, and any such presentation will be - disregarded. If the .facts upop which .yhe„ appeal is based are not in dispute, or if any, dispute.d.1`jLpL3l;are' not relevant to the issue .,,. ultimately to be decided by the Board, the Board will proceed immediately to the next ,step--.X1.thout ;considering fact questions . The parties may stipulate ,to- an aG*reed set of facts. 4. Once the facts are determined, or if there are no fact determinations required :by' trigjUrr tbl, the Board will consider legal issues -presented• by-'the -appbal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department 's Hearing Officer's decision. and such other . papers as may be filed. Appealing parties may make legal arguments both by written brief and orally before the..Boardr = If the issues are susceptible of immediate resolution, the Boerd may, if it deuires , immediately decide them at the appeal hearing;. If the County Counsel's ad— vice is needed on legal questions', the Board will take the matter under submission, reserving its final judgment until it receives such advice. -1- RESOLUTION NO. 75/28 t' 5. If the Board's tentative decision is adverse to the appellant, the Board may modify or reverse its tentative con- clusion for policy reasons, insofar as such modification is not Inconsistent with law. Such action may be taken when the Board, in its discretion, determines it to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with its decision. Unless so stated, a decision shall have no precendential effect on future cases . G. Having made factual determinations , having received advice on the legal issues, and having applied policy considera- tions , the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning of the decision. The .• Board may direct the County •Counsel ,to draft a proposed decision for its consideration. 7. The Board may contract, w.ith :a hearing officer, who shall . be a memter of the California Bar, to act on its behalf in con- ducting General Assistance appeals . The Board 's Hearing Officer shall follow steps . l through ,4 .above,, and shall recommend .a proposed decision, stating findings o� fact and summarizing the reasoning of the proposed decision. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own interpretation of the record on appeal and applicable law. I PASSED on January 111 , 1975, unanimously by the Supervisors present. i MTIlIED COPY I eart1f7 that this to a full, true ! correct coV7 of the original document which is on file in m7 offlee, and that it was passed ! adopted by the Board of Supervisors of Contra Costa County, California, on the date sbown. ATTEST: J. R. OLSSON, County Clerk!am-officio Clark of aald Board of Supervisors, p7 Da=tClt g -toa _ aN141975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator RECEIVED JUN 2 81993 CLERIC BOARD OF SUPERVISORS CONTRA COSTA CO. (�151 / v v_y �" c Social Service De arAnt Please reply to: P Contra 40 Douglas Drive Perfecto VillarrealCosta O C}/�a Martinez,California 94553-4068 Director J County �o. EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County ,#07-429077-A4AC Date of Notice: 5/5/93 Ms. Charlene Crandall Date of Action: 5/31/93 1843-B Second St. Filing Date: 5/18/93 Concord, CA 94518 Hearing Date: 6/14/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for June 14 , 1993 . Claimant was duly notified of the date, time and place of Hearing via letter dated June 1, 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . Appeals must be filed within fourtreen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: June 17, 1993 Carole Allen Social Service Appeals Officer CA:gs RECEIVED JUN 2 81993 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. - - - -- -- - v 7 7 CIA- Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto VillarrealCo Costa Martinez,California 94553-4068 Director County s"_"". f^_ 0. SrA•coiiK`� v/ EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #07-429077-A4AC Date of Notice: 5/5/93 Ms. Charlene Crandall Date of Action: 5/31/93 1843-B .Second St. Filing Date: 5/18/93 Concord, CA 94518 Hearing Date: 6/14/93 Aid Paid Pending? YES STATEMENT OF FACTS An• Evidentiary- -caring. was -, scheduled for June 14 , 1993 . - Claimant was duly notified of the date, time and place of Hearing via letter dated June 1, 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately. upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The. benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553. Appeals must be filed within fourtreen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: June 17, 1993 Carole Allen Social Service Appeals Officer CA:gs A _ N r O. N ```�•,7J1 �, yy d 7r � ,QL. Co. G � N dz LL� V r �� 1 \\ :::'. _, .._... t � .�.a w� .w J `�� �" . � , . ;� � � �, .� FROM: Perfecto Villarreal, Director Social Service Department DATE: July 20, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY DAMON WILLIAMS SPECIFIC REOUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Damon Williams' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on April 15, 1993. The hearing was scheduled for May 13, 1993. The claim was denied. Signature: ACTION OF BOARD ON July 20 , 1993 APPROVED AS RECOMMENDED OTHER x This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Damon Williams of the General Assistance Evidentiary Hearing decision dated:.Jfzne 14 , 1993 . Barbara Weidenfeld, Social Service Department, presented the staff report on the appeal before the Board of Supervisors . Damon Williams, 1043 Ventura Avenue, Richmond, appellant, gave testimony on his reasons for not completing his workfare assignment. The Board discussed the issues with the appellant and Ms . Weidenfeld. On recommendation of Supervisor Powers , IT IS BY THE BOARD ORDERED that the appeal by Damon Williams of the General Assistance Hearing decision dated June 14 , 1993 is GRANTED. VOTE OF SUPERVISORS: UNANIMOUS (ABSENT } AYES: �, 2 , 4 NOES: 3 , 5 ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. . cc: social Service Dept. ATTESTED July 20 , 1993 Appeals Unit PHIL BATCHELOR, CLERK OF THE BOARD OF Program Analyst SUPERVISOR AND COUNTY ADMINISTRATOR County Counsel County Administrator Damon Williams BY v , DEPUTY t , � Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 s •4 Director J County SK L EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 473830 W4NB Date of Notice: 4/19/93 DAMON WILLIAMS Date of Action: 4/30/93 California Check Cash Filing Date: 4/29/93 10394 San Pablo Ave. Hearing Date: 6/29/93 EL CERRITO , CA 94530 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 6/29/93. Claimant was duly notified of the date, time and place of Hearing via letter on 6/17/93. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if a claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must submit your appeal within 14 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 7/01/93 Ruby Molinari, Appeals Officer Social Service Appeals Unit RM/nf Please reply to: Social Service Department Contra 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director i County SE 6/17/93 A. 7 rte.: ��/•Gt`` �T e6 DAMON WILLIAMS California Check Cash 10394 San Pablo Ave. EL CERRITO , CA 94530 Re: 473830 EW: W4NB Filing Date: 4/29/93 Dear DAMON WILLIAMS We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 1305 Macdonald Ave. Richmond, CA 94801 Date: 6/29/93 Time: 9:00 AM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first served basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State .Fair Hearing is separate and apart from the County Evidentiary hearing. Social Service Appeals Unit RM/nf COntrA COS6a County Social Service Department GENERAL SISTANCE . NOTICE OF INTENDED ACTION * E]%Mui LRoad 3431 Macdonald Avenue & RIGHT TO REQUEST AN •NrartinR,CA94553 Richmond,CA 94805 EVID ff li►R �;I ,YEA�G -0"t, • C] 40 Douglas Drive 0 1305 Macdonald Avenue 11 ss �S Martinez,CA 94553 Richmond,CA 94801 O 4545 DelISFair Blvd. a 3630 San Pablo Dam Road vowY 1 b Id (� �(� 3 Antioch,CA 94509 El Sobrante,CA 94803 0 40 Muir Road 0 Martinez,EA 94553 �•� � `- cASCRA E �y \ { �NA U _ 1 n CASE UMBER Your General Assistance c3rant will be discontinued effectivebecause you have demonstrated willfull noncooperation or noncompance with program regUireme tsliji faling3o meet your responsibilities without good cause in these specific inttan-dkii f DATE OF FAILURE NATURE OF FAILURE You will be ineligible to General Assistance until 1 You may reapply if you wish to reestablish eligibility after this date. If you have any questions or if you believe this action is incorrect or if you wish to give your reasons why you think _ -any failure to cooperate br to-comply with'our requirements should lie Orititled to talk #6 out . these things with your C W If your CMF`CMI UI finds that yoj�did not have a good cause for the failure, you may request a conference and a review of your case by your cerlrhewFs supervisor. The supervisor will look at all the faetSAnd mAe an evaluation as to the willfulness of the failure. If the supervisor determines that the-.failure vras not willful, the period of ineligibility will be removed. However, if it is found that you did not have good cause for the failure,your case will remain discontinued..You may reapply. THIS ACTION 4S REQUIRED By THE fOLL'OYMNG LAWS ANO REGULATIONS: / County Welfare Manual Section: Md lines for Discontinuance - D 9.4 ,GA Garde and Penalties for Failure to Cooperate .DM 49-210,General. AssistanceFmployables .. If you have any question please contact me. ELIGIBILITY WORKER PCN TELEPHONE NUMBER 'IAJ � y IF YOU BEL f THIS ACTION IS WRONG,YOUR Af6 MAY CONTINUE IF YOU ASK FOR AN EVIDENTUIRYHEARINGWITHIN 30DAYS OFTHE TE OF THIS NOTICE. (SeeReverse) COPY IBZ APPLICANT/RECIPIENT GA 239.3(New 2/93) Non-Cooperation(Advanced Notice Required) C(#PY VCase File Fastener N 6 1. You have the right to a conference with representatives of the.Social Service Department to talk about this intended action.At such a conference,you may speak for yourself br be represented by a lawyer, a friend or other spokesman. If you want a conference,Qont,t jour.w X4rjW"% ten days of the date of this ngtice. 2. If this notice proposes a denial or:di�bd6 cc. a period of ineligibilityFia ilure to meet program requirements, you are entit�gd tota hearbng--a[�'¢>a"the Department must prove your failure to comply, and you will be entitled to show that the failure isCused cause or because it was not willful. Jn 30 7�` 16f 3. Whether you request a conference or not,you also have the right to request a Hearing and a decision. Your request must be in writing.Your request for a hearing must be mailed or delivered to Social Service Department within 14 days of the date of this notice. 4. If you ask for a Hearing within 14 days of the date of this notice, and if this notice proposes a reduction or termination of a GA gragt.thoLyQu L are now receiving,your aid will be continued until a decision has been reached. 5. Your-county worker will help you ask for a Hearing. 6. If the decision is thaf•you weie'cot'Rdtitled to the aid which you were paid, the overpayment may be recovered from you by reducing your General Assistance grant after the decision,or through other legal mean&- 7. At a Hearing you have the right to be represented by an attorney or any other person (a friend, relative, or any other spokesman) of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice and services by contacting the nearest legal services office at: CONTRA COSTA LEGAL SERVICE SERVICES FOUNDATION From East CCC call 439-9166 From West CCC call 233-9954 From Central CCC call 372-8209 8. You have the right to regt*st that the Eligibility Worker, Work Programs staff, or any staff member who has actual knowledge regarding theissue under appeal be present at the Hearing as a witness. 9. Regulations goverging Hearings are available at this office of the county welfare department. IF YOU WISH TO REQUEST A HEARING,WRITE TO: OMce of Appells Coordinator 40 Douglas Drive +� Martinez,CA 94553 Please include one copy of this notice with your hearing request and keep the other copy for your records. If you wish to have your worker or other staff person present at the Hearing, please indicate that on your Hearing request. REMEMBER THAT YOUR REQUEST FOR HEARING MUST BE MAILED OR DELIVERED TO THE SOCIAL SERVICES DEPARTMENT WITHIN 14 DAYS OF THE DATE OF THIS NOTICE. I wuold like a hearing because: �T— npoasC- Ct, vro AA o+ ��� �,l�J • T lnA C- 44E€Ai Ae CUIE ar- FAre-' r)0,4 ?n P ER-90f w` rbc,,Vr0.,0-1-1-4 NaTfep►�ins t�- taro 3 0 CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: June 29 , 1993 Appeals and Complaints Division FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT: Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed by Damon Williams Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2: 00 p.mon Tuesday, July 20 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive Batc or The Board of Su ervi sContra Clerk of the Board and County Administration Building �OCt/, County Administrator 651 Pine St., Room 106 Costa (510)646-2371 Martinez, California 94553 County Tom Powers. 1st District Jeff Smith,2nd District E Gayle Bishop,3rd District �'OA Sunne Wright McPeak 4th District Tom Tortakson,5th District f f - COl h June 29 , 1993 Damon Williams California Check Cashing 10394 San Pablo Avenue El Cerrito, CA 94530 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4. 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107 , County Administration Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on Tuesday, July 20 , 1993 . In accordance with Board of Supervisors Resolution No. 75/2B, your written presentation and all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure. Very truly yours, PHIL BATCHELOR, Clerk of. the Board ofS ervi ors County Administrator By1.1 Ann Cer li , eputy Cle-FIF Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF 100PERVISORS OF CONTRA COSTA COUCY, CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLU'T'ION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding General Assistance are made to the Board of Supervisors pursuant to board of Supervisors Resolution 71+/365; and this Board therefore estab— lishes these uniform procedures for- such appeals, effective today. 1. A written appeal must be filed with the Clerk of the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department's Complaints and Appeals Division. 2. Both the Appellant (the General Assistance applicant or recipient) and the despondent (the Social Service Department ) must file all written materials at least one week before the date set for Board hearing of the appeal. 3. Upon hearing of the appeal , the Board shall make any required fact determinations based .on the record on appeal . This record shall include the Department 's Hearin; Officer's fact findings, plus any papers filed with that ,Officer. The board will not allow the parties to present new facts at time of appeal , either orally or in writing, and any such presentation will be disregarded. If the .facts upop which xhe_ appeal is based are not in dispute, or if any. dispute.d.S�Csl;are` not relevant to the issue ultimately to be decided by the Board', the Board will proceed immediately to the next -step,%., lthout ;considering fact questions. The parties may stipulate ,to•"an e.greed set of facts . 4. Once the facts are determined, or if there are no fact determinations required::by' tti4'�a�pt81, the Board will consider legal issues presented- by `the: -apptal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department 's Hearing Officer's decision and such other . papers as may be filed. Appealing parties may make legal arguments both by written brief and orally before the..Boardi , If the issues are susceptible of immediate resolution, the Board may, if it desires , immediately decide them at the appeal hearing;. If the County Counsel's ad- vice is needed on legal questions', the Board will take the matter under submission, reserving its final .judgment until it receives such advice. -1- RESOLUTION NO. 75/28 1116 V 1 5. If the Board's tentative decision is adverse to the appellant , the Board may modify or reverse its tentative con- clusion for policy reasons, insofar as such modification is not Inconsistent with law. Such action may be taken when the Board, In its discretion, determines it to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with its decision. Unless so stated, a decision shall have no precendential effect on future cases . ' 6. Having made factual determinations , having received advice on the legal issues, and having applied policy considera- tions , the Board will in due course render Its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning of the decision. The - Board may direct the County •Counsel ,to draft a proposed decision for its consideration. 7. The Board may contra ct* w.ith ,a hearing officer, who shall be a member of the California Bar, to act on its behalf in con- ducting General Assistance appeals . The Board 's Hearing Officer shall follow steps . l through ,4 ,above,, and shall recommend .a proposed decision, stating findings o� fact and summarizing the reasoning of the proposed decibion. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own Interpretation of the record on appeal and applicable law . PASSED on January Ili , 1975, unanimously by the Supervisors present . i CnTIFMD COPY I certify that this is a lull, true ! correct eopy of the original document which L on file in my office, and that It was passed ! adopted by the Board of Supervisors of Contra Costa County. California, on the date shown.ATTEST: J. R. OLSSON, County Clerk d:e=offlclo Clerk of eald Hoard of Supervisors, by Deput Clerk. _ a N 1 4 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator � � � i • APPLAL Tn 'IDAn OF 5 u?C-9u)3QR OF COMMA C-0§ C W T14F_ MATTER DF: R MON w i c.c.i AK6 C la,i Ivy A n f Chu ury 0o. 0?92-0Yl 3 00" ' wgNi3 CACI FOJ2u ►A CttEcK cf}5�/1!G - 9' /lJ 6ca AvC- Noir CE of At-77W OV o 3 y 5A F-1,- G�R� iTd CQ q ys3 0 RECEIVED AP�� Fru ��= y �5 f5 ,AJN 2 8 1993 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 55 F S641 AL Se(v'lce-5 t7epl. New c.Au)5 Ta viCX-011TF PJLA- M Nk) j rArv\v n i 4-i E 5 . U sEoute by �� ConS�-� -��� o�n o-� � l)n� � c� S }�-rEs op Amer ; Cry, . IMy AwP-Y\A P, evk w as w t-o vi ku t t y miD I u're✓\TI O r1A L Ly v i a l AT&0 Tri �O A tS 44 OAZ . 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Wi �LIAMs CquV:OMIA COECk 1 D3a V sAN �ABco A�� EL LE� RiTO CA , °r, Y�� Social Service Departn$nt Contra Please reply to: Parfecto''YIIlarraal �sta 40 Douglas Drive Director Martinez,California 94553-406$ County RECEIVED . UN 2 8 M3 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. GENERAL, ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Damon Williams, claimant County No.: 0792-0473830-W4NB 607 Key Blvd. Notice of Action: 04/02/93 Richmond, CA 94806 Effective Date: 04/30/93 Appeal Filing Date: 04/15/93 Aid Paid Pending: Yes Date of Hearing: May 13, 1993 The hearing record was left open to allow claimant time to submit further evidence. No further information was received and the hearing record closed on 5/20/93. Place of Hearing: Richmond, California Appeals Officer: Carole C. Allen Work Programs Representative: Janis McGregor, Work Programs Supervisor ISSUE Whether the County is correct in it's discontinuance of claimant's General Assistance, and the imposition of a three month period of ineligibility, based on claimant's willlfW failure, without good cause, to meet General Assistance .requirements when he failed to appear for a Workfare assignment with Work Programs on March 24, 1993. COUN'PY POSITION Claimant has been a recipient of General Assistance (G.A.) for two years. Claimant, as an employable recipient of G.A., is required to comply with certain Work Programs requirements. On 2/16/93, claimant had his responsibilities to the program explained to Evidentiary Hearing Decision Damon Williams 0792-0473830 Page 2 him at his annual reinvestigation and he signed an Employable G.A. Cooperation Agreement. On 3/4/93, claimant was given a Work Programs appointment in writing for his next Workfare assignment for March. According to County records, claimant did not appear for his 3/24/93 Workfare assignment nor did he contact his worker to explain why he did not keep the appointment. Based on the above, the County notified claimant of the discontinuance of his G.A. and the imposition of a three month period of ineligibility because of claimant's willful failure, without good cause, to cooperate with requirements of the G.A. program. The three month sanction period was proposed because claimant has served a one month sanction. CLAIMANTS POSITION Claimant testified that he came to the Social Service office on 3/24/93 and told the Workfare crew leader he had a job interview that day and could not do his Workfare that day. The crew leader gave him a piece of paper with his Work Programs worker's name. Claimant stated he was at a job interview at Lamorinda Gourmet Meat and Fish in Orinda. Claimant did not have verification of the interview. He had a business card with 10:00 a.m. and 3/24/93 written on it. He stated he could get further verification of the interview and the hearing record was left open to allow claimant to present evidence of his job interview on 3/24/93. No further information was received from claimant. REGULATORY AUTHORITY Department Manual Section 49-210,II,A,1, provides that an individual who does not have a medically verified physical or mental disability, or who has not been determined to be unemployable by the Vocational Counselor, is considered employable. Department Manual Section 49-210,II,B,1, provides that persons determined employable must sign and comply with requirements of the GA-34, Tmployable General Assistance Cooperation Notice. Department Manual Section 49-210,IV,B,I,c, provides that employable recipients must actively participate in and cooperate with.Workfare, as assigned. Board of Supervisors Resolution #92/857 adopted December 15, 1992, provides: Evidentiary Hearing Decision Damon Williams 0792-0473830 Page 3 Part 7, Section 703: A recipient who fails or refuses to comply with General Assistance Program requirements as expressed in this resolution or in the Social Savice Department Manual of Policies and Procedures shall be discontinued aid and sanctions will be imposed as follows unless the recipient shows that the failure or refusal to comply was for gQod gum Section 704 governing discontinuance of aid and sanctions provides: (a) Absent evidence to the contrary, it is presumed that the duties of Department staff have been currently performed. Absent evidence to the contrary, it is presumed that the ordinary consequences of an applicant's or recipient's voluntary acts are intentional. (b) A willful act is one that is intentional or without reasonable excuse or cause. It need not be done with malice, nor with a specific purpose to violate program requirements. Failure to comply by a person who is mentally disabled to the extent that s/he does not understand his/her responsibilities or is incapable of fulfilling them is not willful. Conduct which involves physical disability or lesser mental disability may or may not be willful. (c) Each case will turn on its own facts. A determination must be made based on evidence. Evidence can be direct or it may be inferred from a recipient's acts. The burden of proof to establish good cause is on the recipient.The Department may prove lack of good cause by demonstrating (A) willful failure or refusal of the recipient to follow program requirements, or (B) not less than three separate acts of negligent failure of the recipient to follow program requirements, which may include acts for which the recipient has previously been discontinued from aid or sanctioned. Department Manual Section 49-11IXX,1,provides that a recipient who fails to cooperate with the Social Service Department by failing to meet any one of his or her enumerated responsibilities without good cause, shall be discontinued aid, and sanctions will be imposed as follows: a. first failure: one month. b. second failure: three months. c. third failure: six months. Department Manual Section 49-111 XX, provides for good cause reasons for failure to cooperate with program requirements. The reasons which establish good cause for a failure to cooperate or comply must be verified, and are limited to the following: Evidentiary Hearing Decision Damon Williams 0792-0473830 Page 4 a. employment has been obtained, b. scheduled job interview or testing, c. mandatory court appearance, d. incarceration, e. illness, f. death in the family, g. other substantial and compelling reason. These must be reviewed and approved by the Division Manager. CONCLUSION AND FINDING OF FACT The business card that claimant presented as evidence of his job interview on 3/24/93 does not prove that he had an interview that day. He failed to submit further information that would show he had a 3/24/93 job interview. Thus, claimant has not established that he had good cause to have missed his Workfare assignment on that day. Because claimant knew of his assignment and has provided no justifiable reason for failing to cooperate, it must be concluded that claimant kno"—Wy_*Led to his responsibilities. The County's discontinuance of claimant's G.A. and a three month sa'nchan peiiod is upheld. ORDER Claim is denied. Claimant's G.A. shall be discontinued and a three month sanction shall be imposed. ry �M'vice s cer ate A s ogram Manager Date !! Evidentiary Hearing Decision Damon Williams 0792-0473830 Page 5 If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA 94553. Appeals must be flied within fourteen (14) days of the date of this Mdentlary Hearing Decision. No further aid paid pending a Board of Supervisors appeal. -- 0 • A PPLAL- Tn -1 DAn o F s vy>c-/zu' oR ��� 00ATMA C-0� c IAJ TH+F_ MATTE& oF; t)P�MON w/Ll-/-4Ms, L/6-1 1^An cru krry oo. omz,0 38 50- CALI FOPWIA CAECK cFVrH!/V& _ wgNa I O%qq SAAJ PA&.a AVC Ell- cQ gy.53 0 RECEIVED APPEAL FIuti6- 9M= 111;51fj JUN 2 8 1993 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 55 E So AC Sefv1CP,5 �ep�. i`7� NEW L Auu5 To vTC Ru, im f+Ts MrA U 1`111 -I-I E S S�Lute by -�kjz Coy-\5k\ - u�� ov\ oar- Vk,,r, v n% Vc (A A inn e r i c A . �X� ATE Amev,,Aw-A� w1\5 w c-d��, U l t y �9 I U'�v\Ti o YEA L L y v i d l ATo -� '�� lS IMS Z In P��1 VL o T v i o l A�mD AtiY ru l,5 o o�c S€�.v i c 5 , SDU i4L S ✓ U c S [4A5 ,. v ►t) /ATFD pwti k-,uLZ-S AtilD "r}uN , T, rNED prgouNg by poni5hi�� WIC a� w STH l-�o�D/�G- My cgc-cK Tt-rPR- (S vv`\,( oti Ly I AD CO ME N Z;V-p vv\y C--Hecr y plv 90 [ v '-bEc-Av5E SDQ' AL- Se.tvKe.S kA5 ALces5 FO co ^p UjpZ I tf y nn IS ()5E Ty-6(9 . 1707, h h'/r, APY CGY1�ie4C' IF Socia Se�vicPS ST4j� 0065 4 � 'go 0u/1 T `To 45• AN p 7H� w 1-A)l Pv T A• L L rH�l2 �� � Y Y � nN MC TEV A� t),St M �, IIA-0- A 55 mE � 64Av r Cri�✓Urr'E' y f • T HL Coo ATv IS P6 S rfi ok) i 5 0 ATTA I Q P rMt) v(\ao sT. T oon '+ al u)AY s %o y +vNE ry IeS . F09, -Ex AvAvLE soca A L 'r v o CSS w ( I c�i s c0 n,�'t rn ue Imo, I e.,-A Ppm L A'1 Th C A I z -t W A5 r-ow O TFt AT 0of- k R%�Avv\ rvi c T iA h C)A- ) M�) d d nc� h PN A N v'1� 1-I I `�'C� n �1�v 1�C,fi I ON QCT I f►� --F- cA i A 1\0-� U (o l iq TC AO X O Scx-'i AL rvic.eoS rU12S +T"C CASE WA5 -Di sig 6SE0 `t uT T wla\5 s ANcT�61UD) /-0 Q 1) 0 Thl«&- Ano TI-114T A)�q 5 vc=Py ul?P19 /e., Our no ol7c ��C- P AAlP 7� (-0/? 77A 7 2--ET mie- IIAI14E 1207- L) / ril cA u5� T�I�T �.S o� 1� co CLAIMALITS 1 O5 FtI DO T kbq v6 n oT Y l*0z-,9--re o IgAuV P-uL S op SG�IgC. 5cp-vl GeS p5 T 11A UC sM�n, cvl M Ay 131 /17 113 l/ �/� Dn rn AY 13, /`�9 3 � A PPMe 5 ©FFIC I� 600'LE A(.L�N J`�ti'p i�©!"K P�0��5 5 vPEP v/ OR nP�Al {�v��G-rQ&�� Amp /�C50 Glt�v� rcLcpNoK)F Nvr�p cK t'� ! To VEc i - aUT LC t= I -0 �� -r l-� -e wreck AND TWEP— tpt)ml&*r AC�-�TH� l��q Me '� cRusE "THEY Nam Ac.cEss To cow.q&:TjEp -F(.kE� Tt+ ik3K i' H" C.Xa1J WT YVAE U'FF AT XIN� Tl ME EVCIU w HEN T N�3v � ►.�c�i v � c� L N'��� Af% y r U SEs O F THE SoC6Ac THE; cont-W5ioN -Ario iA)oiN� o`F i-ACVS bF so( iHc. SFr�ic� "DF,pT. WAS VlCTI 3ASC-q) ON GlL T�Ir FFlLTS OF way LASS -gEcra-usE on 03/a.y �g3 .+ show ED UP inEUWMEU -T+-1E Lc"t2� `f�1HT z 4AV) A 3D e5 T- V I EzJ f Ew -EXwS.LO rnIE n1y c. ISo brou��� 1l2ri �sl c�Tt ori `�o i v��o�V�llA7dAj AT 1':�01 Y\,lAkO6NqC.0 AND was 4-n (c1 4�) cr V\4�u I'cu.3 A u-.., ujiC3 �f r 4-c� �a �`S �y,� wU� � , �v I wH�l�1 S�-� � �- sary ice v / o I AT-ED 'TVIDi R owN r u ��2 S 14N r� �/Ly To Pv171sf/ ME 13y 6uiT�4v6"- � E oF� �Ec,q-vSE T�-/�y l�hvG� —II-IAT l5 /hGOi�'�G-" ArlD Tf/�l-% /N ITS ��-F i5 �Il3uSI C. '?HESE t�A S 3CEIU ,q Ldp W- -sl cT5 DEFT C� &17- df' m � C-'9 S�- . � F 5&-14-C �1zv«€s �vAs 50-fiKI/V6 I-H � 7YVTH 71+ E 02�� �� c.4QaLC- c, wovtQ1 j3E w oAy F4UORA; ecj!� ` 5ej o�(\% cr ;E-Ll Social Service Depar0ent Contra • Please reply to: Costa 40 Douglas Drive Perfecto Villarreal r CMartinez,California 94553-4068 C Director J County 6 RECEIVED JUN 2 819903 �osra coatsJy CLERK BOARD OF SUPERVISORS rr CONTRA COSTA CO. GENERAL, ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Damon Williams, claimant County No.: 0792-0473830-W4NB 607 Key Blvd. Notice of Action: 04/02/93 Richmond, CA 94806 Effective Date: 04/30/93 Appeal Filing Date: 04/15/93 Aid Paid Pending: Yes Date of Hearing: May 13, 1993 The hearing record was left open to allow claimant time to submit further evidence. No further information was received and the hearing record closed on 5/20/93. Place of Hearing: Richmond, California Appeals Officer: Carole C. Allen Work Programs Representative: Janis McGregor, Work Programs Supervisor ISSUE Whether the County is correct in it's discontinuance of claimant's General Assistance, and the imposition of a three month period of ineligibility, based on claimant's willful failure, without good cause, to meet General Assistance requirements when he failed to appear for a Workfare assignment with Work Programs on March 24, 1993. COUNTY POSITION Claimant has been a recipient of General Assistance (G.A.) for two years. Claimant, as an employable recipient of G.A., is required to comply with certain Work Programs requirements. On 2/16/93, claimant had his responsibilities to the program explained to Evidentiary Hearing Decision Damon Williams 0792-0473830 Page 2 him at his annual reinvestigation and he signed an Employable G.A. Cooperation Agreement. On 3/4/93, claimant was given a Work Programs appointment in writing for his next Workfare assignment for March. According to County records, claimant did not appear for his 3/24/93 Workfare assignment nor did he contact his worker to explain why he did not keep the appointment. Based on the above, the County notified claimant of the discontinuance of his G.A. and the imposition of a three month period of ineligibility because of claimant's willful failure, without good cause, to cooperate with requirements of the G.A. program. The three month sanction period was proposed because claimant has served a one month sanction. CLAIMANTS POSITION Claimant testified that he came to the Social Service office on 3/24/93 and told the Workfare crew leader he had a job interview that day and could not do his Workfare that day. The crew leader gave him a piece of paper with his Work Programs worker's name. Claimant stated he was at a job interview at Lamorinda Gourmet Meat and Fish in Orinda. Claimant did not have verification of the interview. He had a business card with 10:00 a.m. and 3/24/93 written on it. He stated he could get further verification of the interview and the hearing record was left open to allow claimant to present evidence of his job interview on 3/24/93. No further information was received from claimant. REGULATORY AUTHORITY Department Manual Section 49-210,II,A,1, provides that an individual who does not have a medically verified physical or mental disability, or who has not been determined to be unemployable by the Vocational Counselor, is considered employable. Department Manual Section 49-210,]I B,1, provides that persons determined employable must sign and comply with requirements of the GA-34, 'Employable General Assistance Cooperation Notice'. Department Manual Section 49-210,IV,B,I,c, provides that employable recipients must actively participate in and cooperate with Workfare, as assigned. Board of Supervisors Resolution #92/857 adopted December 15, 1992, provides: Evidentiary Hearing Decision Damon Williams 0792-0473830 Page 3 Part 7, Section 703: A recipient who fails or refuses to comply with General Assistance Program requirements as expressed in this resolution or in the Social Service Department Manual of Policies and Procedures shall be discontinued aid and sanctions will be imposed as follows unless the recipient shows that the failure or refusal to comply was for Section 704 governing discontinuance of aid and sanctions provides: (a) Absent evidence to the contrary, it is presumed that the duties of Department staff have been currently performed. Absent evidence to the contrary, it is presumed that the ordinary consequences of an applicant's or recipient's voluntary acts are intentional. (b) A willful act is one that is intentional or without reasonable excuse or cause. It need not be done with malice, nor with a specific purpose to violate program requirements. Failure to comply by a person who is mentally disabled to the extent that s/he does not understand his/her responsibilities or is incapable of fiAfilling them is not willful. Conduct which involves physical disability or lesser mental disability may or may not be willful. (c) Each case will turn on its own facts. A determination must be made based on evidence. Evidence can be direct or it may be inferred from a recipient's acts. The burden of proof to establish good cause is on the recipient.The Department may prove lack of good cause by demonstrating (A) willful failure or refusal of the recipient to follow program requirements, or (B) not less than three separate acts of negligent failure of the recipient to follow program requirements, which may include acts for which the recipient has previously been discontinued from aid or sanctioned. Department Manual Section 49-111,II,E,1, provides that a recipient who fails to cooperate with the Social Service Department by failing to meet any one of his or her enumerated responsibilities without good cause, shall be discontinued aid, and sanctions will be imposed as follows: a. first failure: one month. b. second failure: three months. c. third failure: six months. Department Manual Section 49-111,II,E, provides for good cause reasons for failure to cooperate with program requirements. The reasons which establish good cause for a failure to cooperate or comply must be verified, and are limited to the following: Evidentiary Hearing Decision Damon Williams 0792-0473830 Page 4 a. employment has been obtained, b. scheduled job interview or testing, c. mandatory court appearance, d. incarceration, e. illness, f. death in the family, g. other substantial and compelling reason. These must be reviewed and approved by the Division Manager. CONCLUSION AND FINDING OF FACT The business card that claimant presented as evidence of his job interview on 3/24/93 does not prove that he had an interview that day. He failed to submit further information that would show he had a 3/24/93 job interview. 'Ibus,.claimant has not established that he had good cause to have missed his Workfare assignment on that day. Because Claimant knew of his assignment and has provided no justifiable reason for failing to cooperate, it must be concluded that claimant know ilX failed to r _his responsibilities. The County's discontinuance of claimant's G.A. and a three month sanction peri-od is upheld. ORDER Claim is denied. Claimant's G.A. shall be discontinued and a three month sanction shall be imposed. Soci Service Appeals Officer Date � Appeals Program NIhnager Date • N J. Evidentiary Hearing Decision Damon Williams 0792-0473830 Page 5 If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA 94553. Appeals must be flied within fourteen (14) days of the date of this Evidentiary Hearing Decision. No further aid paid pending a Board of Supervisors appeal. FROM: Perfecto Villarreal, Director Social Service Department DATE: July 20, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY ORMA HALL - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Orma Hall's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on April 24, 1993. The hearing was scheduled for June 11, 1993. The claim was denied. Signature: r� ACTION OF BOARD ON J,jly 20 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Orma Hall of the General Assistance Evidentiary hearing decision. Barbara Weidenfeld, Social Service Department, presented the staff report on the appeal . The appellant was not present. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal by Orma Hall of the General Assistance Evidentiary hearing decision is DENIED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Service Dept. ATTESTED July 20 , 1993 Appeals Unit PHIL BATCHELOR CLERK OF THE BOARD OF Program Analyst County Counsel SUPERVISOR AND COUNTY ADMINISTRATOR County Administrator r! Orma Hall BY , DEPUTY _Social Service Department Contra Please reply to: Perfecta Villarreal Cos40 Douglas Dave Costa Director t Martinez.California 94553-4068 County SE, L 5/25/93 ^`•mow.- <�� ORMA HALL 5376 CLAYTON RD. , APT J Concord, CA 94521 Re: 469152 EW: A4AC Filing Date: 4/24/93 Dear ORMA HALL We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 40 Muir Road MARTINEZ, CA 94553 Date: 6/12/93 Time: 1:00 PM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first served basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State Fair Hearing is separate and apart from the County Evidentiary hearing. Social Service Appeals Unit CA/nf r t acral Service Department °'"w"P''= Capra 0 Appeals Co (510) 313-1790 Perfecto-Villareal Costa 40 Douglas Dr. Costa "tDirector W Martinez, Ca. 94553 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION Appeals Officer: %��� Hearing Date: zL /E Place of Hearing: artinez ❑ Antioch ❑ Richmond The proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury. IN THE MATTER OF: Case 007- l%21.,� filing Date: —� �� Aid Paid Penaln Hearing es ❑ No Date of Notice: C Effective Date of Action: ,RESENT- ' Claimant 61c�unty Representative(s): ❑- Autfiodzed Representative(s): ❑ Witness(es): O Other: kCTION UNDER APPEAL: ❑ Denial Discontinuance ❑ Application Date ��Etfective Date ,��/'�� ❑ Notice Of Action rOti of Action — _ G Z e od of Ineligibility / SUE: Employment Requirements ❑ Unemployability Requirements ❑ Employability Assessment ❑ Medical Verrfuation ❑ eawi (] Unemployabil,ty Assessment Vowori,ldrC Ll AIRS assessment and part,c,pat,on ❑ Job Quiu I orvo Iu other: ❑ Wo,ksl,op -- O ❑ Good Care ---- --- - -- ----- ---— . GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.) IURISDI N DM 49-700• DM 49-701): Timely Filing of Appeal ❑ Challenge only to Regulation ❑ Untimely Filing of Appeal . ❑ Issue Outside Scope of Program Period Expired: ❑ Good Cause :VIDE CONSIDERED : CI ant Testimony ❑ Documentary County Testimony ❑ GA 34 Cooperation Agreement Document Date: ❑ Assessment Appointment Notice ❑ Work Programs Notice ❑ Other: )ISPOSITIONAL FINDINGS/CONCLUSION.: The.evidence and testimony having been heard and considered,the following findings are reached: aim eceive notice of the particular assignment under review at; a capable of understanding and meeting the particular assignment under review:.:t , :_ .: ..i.. .:+•.. cational �j Physical ❑ Emotional (DM 49-10211 B.) O/Good Cause (DM 49-111 II F) ❑ Good Cause Exists Good Cause Does Not Exists ❑ Employment has been obtained ❑ Scheduled Job Interview or Testing ❑ Mandatory Court Appearance ❑ Incarceration ❑ Illness ❑ Death in the Family ❑ Circumstances beyond Appi,canURecipient•s control Nillfulness (Dn 49.11 t 11 H,; E3< tVd fulness Exists ❑ Willfulness Does f:ot Exists ❑ Failure%vas deltuerole an: intentional ❑ County rescinded willfulness determination ❑ Failure wastmore than a s.ngle occurrence ❑ County failed to provide sufficient evidence to ❑ Failure was the result of intentional mrstakelorr.,ssron establish willfulness ❑ f ure v»n,rnolcauve of a aattern of non•coope•atton ❑ Other Fai11 t,as t,,l d-=t tele case a_- er_ GENERAL ASSISTANCE EVIDENTIARY BEARING DECISION(cont'd) SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE: There was no factual dispute. The claimant testified that he did, as stated by the County, appear for Workfare on April 5, 1993 , but left at noon. The claimant testified that he did not appear for Workfare on April 12, 1993 , . The claimant also testified that he left at noon on April 5, 1993 , because he had a job interview in Pleasanton as a bricklayer with Pasquale Maintenance. The claimant was not successful in this endeavor and testified that he cannot schedule his interviews around Workfare as the jobs appear suddenly and without warning. The claimant also testified that he had a job interview on April 12, 1993 . This latter. job was with Total Refractory in Benicia. The record was held open for the claimant to submit evidence of this job interview. It was made clear to the claimant during the hearing that it was his responsibility to provide proof of these job interviews, that the record would be held open until June 18, 1993, for this verification, and that the verification should be in the hearing officer's hands on that date, not mailed on that date. On June 17, 1993, the claimant telephoned the hearing officer and left a message on voice mail that he needed to know the date of his failures so he could get a verifica- tion of his job activity. No telephone number was left on this June 17 , 1993, voice mail message, and no explanation was given for the failure to take action for six days. No written verification was received and the claim is denied. O_RDE�R: CY C1 Denied: ❑ Claim Dismissed: Aid shall be discontinued and the Period of Ineligibility imposed. ❑ Aid shall be discontinued. The Period of Ineligibility shall be expunged from the record. Claimant may reapply at any time. ❑ Claim Granted: ❑ General Assistance shall be restored. The proposed discontinuance is reversed. The Period of Ineligibility shall be expunged from the record. ❑ Other: ❑ Written copies of the Order were issued by ❑ mail ❑ at Hearing ❑ Additional Regulatory Authority was attached to the foregoing P gram M n er, Ap a 1 s ate Assistant Directcr Date GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd) If you are dissatisfied with this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Room 106, Martinez, CA 94553 . Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. ■..;a ev1. yr r1nvrv•,v1&v rtv 11v115 VVVIlf 1 GRA COSTA Vr GA 239 H GENERAL ASSISTANCE PROc • TRA l DEL.1193 NOTICEDATE rJ 4—1{+—�3 A 4: t. CASE NAME HALL 0 R M A NUMBER C9-04591 SZ=00-0 WORKER NAME 9 A L Z AC: IN I NUMBER A4 AC r. TELEPHONE 313-144 7 ADDRESS 30 M L 1 I R ROAD NARTINFZ CA 94`53 Questions?Ask your Worker. /1 80eeslta one trsewelse Oa bte, lisso s w sre0eje0er(s) (ADDRESSEE) t stn/ng/et lion lee 41 T111i 64eu.t111e 038.3011 es'e efi 11Jn a;110 r "P"'A .HALL '4401 HILLSBRDU c+ OR X16 CONCCRD CA 94520 L J Y^UR GENEDAL ASSI <�TA')CF WILL PE DISCONTINUFC FFFFCTIVF APR 30• 19q; P;7rA..IS£ YnU HAVE D7-^ 0 ' ' F :STPATn WILLFUL NrINC117-PERILTION OR N'C'"!C', UPLIANrF w T-W M:CRK DROGR.A"! FY FAILL)RF TC KFET YOUR RESPCNSIFTLITIFS :11TuCUT GOOD CAUSE IN THESE SPECIFIC It.STANCES: PAT' OF FATLUPF(S) ":.ATURF OF FAILURF(S) z/9?PV—.;VFAILURF- C AUS' CF T YOU WILL PF INFLTGIPLE TO GENERAL ASSISTANCP FrIP A P�RIt�7 : ,)% mma;rw, Ic YCU WISH TD N.EA'DLY P^Q Gr:NEa ASSTSTA':CF• VOL) "AY ACATN PE -.LIrl ''LF TO AI -) 014 no AFT:-R _ G L �';t__ ncP=1NCTN% UPON Y^tl't r l ;,�'J"' STA`:C ES AT T•44T T I"'=. A—v FUPTH-7 FAIL:)' T'l "rrT THF ELICIMLITY R70UIRFMFNTS Cr- GENC-kAL A; ST "TA,;C= vAY Pi ;�t"LT I .1 AN-OTPER P_F;0100 r'F InELIGI�iTLITY. ,= Y.^;J Hay= A":Y rf1^ ;TI,D'=5 • OP YCf; CFLT-V = TNTS 4CTI[A TS I"�CORR =CT. OP. Y'::1p. c- Ac- 'S :SHY YOU ' ilk;( ANY FAIL (IFS= TC CD^prPATF CP T`1 rrr"'1 Y WITLt C,A 7.7^.UIRF0AcNTS SHOULD P" EXCIJSF::i YCU AF =";TITLE" TO TALK Ac:-,JT THPSF THT*.:,S WTT=1 YnUll W7'?KrR CR THE SUPFRVIS`]p. THI; ACTT-;'d IS PY TNF FOLL01,7TNG LAWS ANL'/OR RFGULATIO` S �,fPAc'TNi":T 1''A`•:UAL 4G-1C? APPLICATION AND RECEPTIM' 49-111 DISC^�'TIAUF•. G(j'On CAl!SE . WTLLFUI NESS AND PCR IOC CF -D TM7LIGIPILITY 10 1CAo FyPLOYAELF PROGQ A✓ a,-tAan Pte' �LUTIOt, 51 (m•`i-MfLOY•JEt�T SFRVICES ^I;C— FA. ILc._, 71 1107rT F '. PL.^YP,F T 0 F 0 T RF°'=+�T"• GA 239H(5/87) 9.4 H GA 239 H • �{ c.At:.:MEM Ei.TOh 1. You have the right to a co:. witl rdscntatives of•the Social Service Department to talk about this intended action. At such a conference, you may speak for yourself or be represented by a lawyer, a friend or other spokesman. If you want a conference, contact your worker withinten days of the date of this notice. 2. If this notice proposes a denial or discontinuance or a period of ineligibility for failure to meet program requirements, you are entitled to a hearing at which the Department must prove your failure to comply, and you will be entitled to show that the failure is excused for good cause or because it was not willful. 3. Whether you request a conference or not, you also have the right to request a Hearing and a decision. Your request must be in writing. Your request for a hearing must be mailed or delivered.to Social Service Department within 14 days of the date of this notice. 4. If you ask for a Hearing within 14 days of the late of this notice, and if this notice proposes a reduction or termination of a GA grant that you are now receiving, your aid will be continued until a decision has been reached. 5. Your county worker will help you ask for a Hearing. 6. If the decision is that you were not entitled to the aid which you were paid, the overpayment may be recovered from you by reducing your General Assistance grant after the decision, or through other legal means. 7. At a Hearing you have the right to be represented by an attorney or any other person (a friend, relative, or any other spokesman) of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice and services by contacting the nearest legal services office at: CONTRA COSTA LEGAL SERVICE SERVICES FOUNDATION From East CCC call 439-9166 From West CCC call 233-9954 From Central CCC call 372-8209 8. You have the right to request that the Eligibility Worker, Work Programs staff, or any staff member who has actual knowledge regarding the issue under appeal be present at the Hearing as a witness. 9. Regulations governing Hearings are available at this office of the county welfare department. IF YOU WISH TO REQUEST A HEARING,WRITE TO: Office of Appeals Coordinator 40 Douglas Drive Martinez, CA 94553-4068 Please include one copy of this notice with your hearing request and keep the other copy for your records. If you wish to have your worker or other staff person present at the Hearing, please indicate that on your Hearing request. REMEMBER THAT YOUR REQUEST FOR HEARING MUST BE MAILED OR DELIVERED TO THE SOCIAL' SERVICES DEPARTMENT WITHIN 14 DAYS OF THE DATE OF THIS NOTICE.. O U Z Z O U ut S a N " CLERK OF THE BOARD t Inter - Office Memo TO: Social Services Department DATE: June 29 , 1993 Appeals and Complaints Division FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT: Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed by orma Hall Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2 : 00 p.m. on Tuesday, July 20 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive Phi The Board of Supervis s Contra Clerk Clerk Batcheloroar of the Board and County Administration Building County Administrator Costa 651 Pine St., Room 106 Costa L (510)646.2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith.2nd District E..sow Gayle Bishop,3rd District .•r , Sunne Wright McPeak 4th District Tom Torlakson,5th District o' !;. �CrrW P •.T June 29 , 1993 Orma Hall 5376 #J Clayton Road concord, CA 94521 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4. 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107 , County Administration Building, 651 Pine Street, Martinez, California, at2 : 00 p.m. on Tuesday, July 20 , 1993 . In accordance with Board of Supervisors Resolution No. 75/2B, your written presentation and all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure. Very truly yours, PHIL BATCHELOR, Clerk of. the Board of :ri rsa County Administrator By 41 Lo AnniCervelli , eputy C erk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF &ERVISORS OF CONTRA COSTA COU , CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance are made to the Board of Supervisors pursuant to Board of Supervisors Resolution 71+/365 ; and this Board therefore estab lishes these uniform procedures for- such appeals , effective today. 1 . A written appeal must be filed with the Clerk of. the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. Both the Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department ) must file all written materials at least one week before the (late set for Board hearing of the appeal. 3. Upon hearing of the appeal , the Board shall make any required fact determinations based .on the record on appeal . This record shall include the Department 's Hearing Officer's fact findings, plus any papers filed with that ,Officer. The board will not allow the parties to present new facts at time of appeal , either orally or in writing, and any such presentation will be - disregarded. If the .facts upop which .;he. appeal is based are not in dispute, or if any. dispute.d..racts!-are' not relevant to the issue ultimately to be decided by .the Board', the Board will proceed ` Immediately to the next -atep,,,Witbout considering fact questions . The parties may stipulate ,to•''an agreed set of facts . 4. Once the facts are determined, or if there are no fact' determinations required.:tiy' ttejU'0p1hl , the Board will consider legal issues presented- by-`the­eppbal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department 's Hearing Officer's decision and such other . papers as may be filed. Appealing parties may make 'legal arguments both by written. _ brief and orally before the..Boardr , If the issues are susceptible of immediate resolution, the Boerd may, if it desires , immediately decide them at the appeal hearing. If the County Counsel's ad- vice is needed on legal questions', the Board will take the matter under submission, reserving its final ,judgment until it receives such advice. -1- RESOLUTION NO. 75/28 5. If the Board's tentative decision is adverse to the appellant, the Board may modify or reverse its tentative con- clusion for policy reasons , insofar as such modification is not Inconsistent with law. Such action may be taken when the Board, in its discretion, determines it -to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with its decision. Unless so stated, a decision shall have no precendential effect on future cases . .' 6 . Having made factual determinations , having received advice on the legal issues, and having applied policy cons1dera- tions , the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning of the decision. The .• . Board may direct the County •Counsel ,to draft a proposed decision for its consideration. 7. The Board may contra ct• w.lth :a hearing officer, who shall be a member of the California Bar, to .act on its behalf in con- ducting General Assistance appeals . The Board 's Hearing Officer shall follow steps . l through ,4 ,above,, and shall recommend .a proposed decision, stating findings off' fact and summarizing the reasoning of the proposed decibion. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own Interpretation of the record on appeal and applicable law. i PASSED on January 111 , 1975, unanimously by the Supervisors present . 1 !'NAMED COPY I Certify that this is a Lull, true a correct copy of the original document which is on file in my office. and that it was passed A adopted by the Board of Supervisors of Contra Costa County, Callfornla, on the date shown. ATTEST: J. R. OLSSON, County Clerk!e:officlo Clerk of said Board of Supervisors, by Deput Clerk. on 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator s x1al Service Department °lease"°'Yto. Contra 0 Apveats ' Costa (510) 313-1790 perfecto-Villareal Director County 40 Douglas Or. Martinez, Ca. 94553 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION Weals Officer: /L� 1� Hearing Date: lace of Hearing: artine2 Q Antioch ❑ Richmond he proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury. N THE MATTER OF: Case#07- �? — �,�9/S� �4 '�` Filing Date: —? 1931 Aid Paid Pending Hearing No Date of Notice. Effective Date of Action: tESENT: Claimant 6-15o"unty Representative(s): ] Authorized Representative(s): ❑ Witness(es): ] Other: - CTION UNDER APPEAL: ] Denial Discontinuance ❑ Application Date � j_�y 9-Etiective Date /v S Notice of Action A�Zli of Action Z of Ineligibility UE: Employment Requirements ❑ Unem uirements Pto YabilitY Re q ❑ Employability Assessment ❑ Medical Verification ❑ Jo earcl, ❑ Unemployability Assessment orl,fa(c [I AIRS assessment anda artic� non P P ❑ )oUQuiVluva lug ❑ 1'.a.ksfiol� ❑ :-J Good Catse -- — -- - r- . . Z.U1 f U L-mac GENERAL ASSISTANCEEVIDENTIARY NEARING DECISION (cont'd.) RISDI N (DM 49-700: DM 49-701): Timely Filing of Appeal ❑ Challenge only to Regulation ] Untimely filing of Appeal : ❑ Issue Outside Scope of Program Period Expired: 0 Good Cause 'IDE CONSIDERED : Cl ' ant Testimony ❑ Documentary County Testimony ❑ GA 34 Cooperation Agreement Document Date: ❑ Assessment Appointment Notice ❑ Work Programs Notice ❑ Other. SPOSITIONAL FINDINGS/CONCLUSION: he.evidence and.testimony having been heard and considered,the following findings are reached: 1 aim a dedwet•receive notice of the particular assignment under review aia / capable of understanding and meeting the particular assignment under review cational u Physical ❑ Emotional (OM 49-102 It B.) jGood Cause (QM 49-111 11F} ❑ Good Cause Exists Good Cause Does Not Exists ❑ Employment has been obtained i ❑ Scheduled Job Interview or Testing ❑ Mandatory Coun Appearance ❑ Incarceration ❑ Illness ❑ Death in the Family ❑ Circumstances beyond Applicant/Recipient's control illfulness (DM 49-111 tt y) . Willfulness Exists ❑ Willfulness Does Not Exists ❑ failure was deliberate and intentional ❑ County rescinded willfulness determination ❑ failure wa\more than a single occurrence ❑ County failed to provide sufficient evidence to ❑ Failure.was the result of intentional mistake/omission establish willfulness ❑ F ure was indicative of a pattern of non-cooperation ❑ Other Fai11a� was uldrut reaxnable calcr amm C► GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd) SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE: There was no factual dispute. The claimant testified that he did, as stated by the County, appear for Workfare on April 5, 1993, but left at noon. The claimant testified that he did not appear for Workfare on April 12, 1993, . The claimant also testified that he left at noon on April 5, 1993, because he had a job interview in Pleasanton as a bricklayer with Pasquale Maintenance. The claimant was not successful in this endeavor and testified that he cannot schedule his .interviews around Workfare as the jobs appear suddenly and without warning. The claimant also testified that he had a job interview on April 12, 1993 . This latter job was with Total Refractory in Benicia. The record was held open for the claimant to submit evidence of this job interview. It was made clear to the claimant during the hearing that it was his responsibility to provide proof of these job interviews, that the record would be held open until June 18, 1993, for this verification, and that the verification should be in the hearing officer's hands on that date, not mailed on that date. On June 17, 1993, the claimant telephoned the hearing officer and left a message on voice mail that he needed to know the date of his failures so he could get a verifica- tion of his job activity. No telephone number was left on this June 17, 1993, voice mail message, and no explanation was given for the failure to take action for six days. No written verification was received and the claim is denied. ORDER: CY _Denied: 11Claim Dismissed: C1RAid shall be discontinued and the Period of Ineligibility imposed. ❑ Aid shall be discontinued. The Period of Ineligibility shall be expunged from the record. Claimant may reapply at any time. ❑ Claim Granted: ❑ General Assistance shall be restored. The proposed discontinuance is reversed. The Period of Ineligibility shall be expunged from the record. ❑ Other: ❑ Written copies of the Order were issued by ❑ mail 0 at Hearing ❑ Additional Regulatory Authority was attached to the foregoing er P gram n r, Ap als" ate Assistant Director Date GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd) If you are dissatisfied with this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Room 106, Martinez, CA 94553 . Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. RECEIVED JM29I0 _ .1i PLO OF SUPERVISORS R QRS N � ��� 144 � s 6 —cA � �D v � 4- Please,reply to: octal Service Department Contra 0 ApPe-11% Costa (510) 313-1790 Perfecto-Villareal 40 Douglas Dr. Director County Martinez, Ca. 94553 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION Hearing Date: 5,ppeals Officer: dace of Hearing: U46-a--rtinez 0 Antioch 0 Richmond 'he proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury. IN THE MATTER OF: Case#07- Filing Date: Aid Paid Pendllr4Hearing &-Yes [] No l��" �� ✓ � /� Date of Notice: Effective Date of Action: RESENT: Claimant6-1(ounty Representative(s): Authorized Repreientative(s): ❑ Witness(es): -1 Other: .CTION UNDER APPEAL: Denial 0--Discontinuance 0 Application Date G-fifective Date 0 Notice of Action otiCP of Action � e�riod of Ineligibility,,, ;UE: Employment Requirements ❑ Unemployability Requirements 0 Employability Assessment 0 Medical Vvifl(avon 0 !o earth 0 U nemployabi Ii I y Assessment Q--Workfare 0 AIRS assessment and partiopation 0 Job QUIV I a4 lu, ('su"k! Other: 0 Veotkshol) 0 r- ,-) Ccod Care r GENERAL ASSISTANCE EVIDENTIARY HEARING DECI$ION (cont'd.) IRISDICUON DM 49-700; DM49-701): Timely Filing of Appeal 0 Challenge only to Regulation -1 Untimely Filing of Appeal : 0 issue Outside Scope of Program Period Expired: 0 Good Cause ADECONSIQERED : CI - ani Testimony 0 Documentary County T estimony 0 GA 34 Cooperation Agreement Document Date: 0 Assessment Appointment Notice 0 Work Programs Notice 0 Other: 11SPOSITIONAL FINDINGS/CONCLUSION: The.evidence and testimony having been heard and considered,the following findings are reached: aim eeceive notice of the particular assignment under review ai a capable of understanding and meorting the particular assignment under review: cationa7fu Physical 0 Emotional (DM d9-10211 B.) (Good Cause (DM 49-111 IIF) 0 Good Cause Exists Good Cause Does Not Exists 0 Employment has been obtained 0 Scheduled Job interview or Testing [] Mandatory Coun Appearance 0 Incarceration 0 Illness 0 Death in the Family 0 Circumstances beyond Applicant/Recipient's control awillfulness (DM 49-111 11 H) B-11willfulness Exists 0 Willfulness.Does Not Exists E] Failure was deliberate and intentional 0 County rescinded willfulness determination 0 Failure waS more than a single occurrence 0 County failed to provide sufficient evidence to 0 Failurelwas the result of intentional mistake/omission establish willfulness V0 F ure wa�'1(101(altve of a pattern of non-cooperation 0 Other F:athn ues uadmt I caise or enaise GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd) SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE: There was no factual dispute. The claimant testified that he did, as stated by the County, appear for Workfare on April 5, 1993 , but left at noon. The claimant testified that he did not appear for Workfare on April 12, 1993, . The claimant also testified that he left at noon on April 5, 1993, because he had a job interview in Pleasanton as a bricklayer with Pasquale Maintenance. The claimant was not successful in this endeavor and testified that he cannot schedule his interviews around Workfare as the jobs appear suddenly and without warning. The claimant also testified that he had a job interview on April 12, 1993 . This latter job was with Total Refractory in Benicia. The record was held open for the claimant to submit evidence of this job interview. It was made clear to the claimant during the hearing that it was his responsibility to provide proof of these job interviews, that the record would be held open until June 18, 1993, for this verification, and that the verification should be in the hearing officer's hands on that date, not mailed on that date. On June 17, 1993, the claimant telephoned the hearing officer and left a message on voice mail that he needed to know the date of his failures so he could get a verifica- tion of his job activity. No telephone number was left on this June 17, 1993, voice mail message, and no explanation was given for the failure to take action for six days. No written verification was received and the claim is denied. ORDER: 9_/Cl -Denied: ❑ Claim Dismissed: Aid shall be discontinued and the Period of Ineligibility imposed. 0 Aid shall be discontinued. The Period of Ineligibility shall be expunged from the record. Claimant may reapply at any time. ❑ Claim Granted: ❑ General Assistance shall be restored. The proposed discontinuance is reversed. The Period of Ineligibility shall be expunged from the record. ❑ Other: ❑ Written copies of the Order were issued by ❑ mail 0 at Hearing ❑ Additional Regulatory Authority was attached to the foregoing er P gram n er, Ap als ate AV Assistant Director Date r GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd) If you are dissatisfied with this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Room 106, Martinez, CA 94553 . Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. RECEIVE® .ASI 2 9 M c CLERK BOARD OF SUPERVISO RS COM1iA COSTA CO. jo "YV ,/-F-, 6V 4�7 N f c H.4d THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 20. 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None ----------------------------------------------------------------- ----------------------------------------------------------------- SUBJECT: Hearing On Appeal by Kenneth Clemons of General Assistance Evidentiary Hearing Decision. This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Kenneth Clemons of the General Assistance Evidentiary Hearing decision. On July 19, 1993 , the Board of Supervisors received a letter from Eleanor Madrigal, Contra Costa Legal Services Foundation, representing Mr. Clemons, advising the Board that Mr. Clemons was withdrawing from his hearing before the Board due to the County rescinding its initial action affecting Mr. Clemons' General Assistance benefits . IT IS BY THE BOARD ORDERED that the withdrawal of Mr. Clemons' appeal is ACCEPTED. 1 hereby certify that this Is a true and correct copy of an action taken and entered an the minutes of the Board of Supe ors n the date shown. ATTESTED: PHIL BA CHEL R,Clerk of the Board of pervi and Cou Inistrator By a ,Deputy CC: Social Service Dept . Appeals Unit Program Analyst County Counsel County Administrator Kenneth Clemons 4 LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O.Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 July 19, 1993 RECEIVED JUL 5 !g9'3 ; CLERK BOARD OF SUPERVIS()r;; d The Board of Supervisors CONTRA COSTA CO. County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 Re: Kenneth Clemons Appeal to Board of Supervisors General Assistance Benefits Date of Hearing before the Board: 7-20-93 at 2 : 00 p.m. Dear Members of the Board: This is to inform you that our client, Mr. Kenneth Clemons, is withdrawing from his hearing before your Board on a General Assistance matter. The basis for the withdrawal is that the County has rescinded it's initial action affecting Mr. Clemons GA benefits. Because of this, a hearing before your Board is no longer necessary in Mr. Clemon's case. Your courtesy and patience in the above matter is greatly appreciated. A signed appointment of representative form is enclosed. You Very Tr y, Eleanor Madrigal, Paralegal Enclosures: 1. Appointment of Representative form NOTICE OF APPOINTMENT OF AUTHORIZED REPRESENTATIVE I, Kenneth Clemons , cl aimant, reside at (temporary address) 712 Chanslor Avenue, Richmond California, hereby appoint CONTRA COSTA LEGAL SERVICES FOUNDATION, 1017 Macdonald Avenue, P.O. Box 2289 , Richmond, California 94802 , and any agent thereof to act in my behalf as my AUTHORIZED REPRESENTATIVE in connection with my application for and/or receipt of General Assistance (TYPE OF ASSISTANCE] , including any appeal regarding said aid. I hereby authorize CONTRA COSTA LEGAL: SERVICES FOUNDATION and any agent thereof to make or give any reque,.st or notice; present•,` or elicit evidence; oocain and review any and all. information, . including medical recoras ; and receive any notice in connection with my claim wnolly in my stead. Dated: July 20, 1993 ,� � (Signature) PLEASE ADDRESS ALL CORRESPONDENCE TO: Eleanor Madrigal CONTRA COSTA LEGAL SERVICES FOUNDATION 1017 Macdonald Avenue, P. O. Box 2289 Richmond, California 94802 b O � N 1 O 1 O O ��� —1> •rl O ® �4104+� C� M N U 10 r4 lf1 O� oa 4J +-) '9:V 50 G W � jEi 4 Q) N >~ 4-) m �4 x o �n m HUS c 0 :G ca C � o00 r` N � � W Q s u y C 40 L � � O > U v r � � a O r J c ce L C O U CLERK OF TEE BOARD 14 ` Inter - Office Memo TO: Social Services Department DATE: June 30 , 1993 Appeals and Complaints Division FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT: Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed by Kenneth Clemons Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2:00 p.mon Tuesday, July 20 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive The Board of Supervisors Contra Clerk lark Batchelor � of the Board Ind County Administration BuildingCotCounty Administrator Costa 651 Pine St., Room 106 `7 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District. 1 deft Smith,2nd District Gayle Bishop,3rd District Sunne Wright McPeak,4th District Tom Torlakson,5th District a �qi' June 30 , 1993 ocNt' Kenneth Clemons 712 Chanslor Avenue Richmond, CA 94801 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4. 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107 , County Administration Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on Tuesday, July 20 , 1993 . In accordance with Board of Supervisors Resolution No. 79'/28, your written presentation and all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Su erv' ors County Administrator By a Ann ery i , eputy C erk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance are made to the Board of Supervisors pursuant to board of Supervisors Resolution 71+/365; and this Board therefore estab-• lishes these uniform procedures for- such appeals, effective today. 1 . A written appeal must be filed with the Clerk of. the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. both the Appellant (the General Assistance applicant or recipient ) and the Respondent (the Social Service Department ) must file all written materials at least one week before the date set for hoard hearing, of the appeal. 3. Upon hearing of the.-appeal , the Board shall make any required fact determinations based ,on the record on appeal . This record shall include the Department 's Hearing Officer's fact findings, plus any papers filed with that ,.Officer. The Board will not allow the parties to present new facts at time of appeal , either orally or in writing, and any such presentation will be - disregarded. If the .facts upop which .xhe. appeal is based are not in dispute, or if any. disputed.S,pCs!;are' not relevant to the issue ultimately to be decided by .the Eoard', the Board will proceed immediately to the next atep•..,WLtbout ;considering fact questions. The parties may stipulate ,to•"an iCreed set of facts. 4. Once the facts are determined, or if there are no fact determinations required.:t;j ttgU' 5p1&1 , the Board will consider legal issues presented- by `thei -appbal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department 's Hearing Officer's decision- and such other . papers as may be filed. Appealing parties may make'legal arguments both by written brief and orally before the..Boardi , If the issues are susceptible of immediate resolution, the Board may, if it desires , immediately decide them at the appeal hearing. If the County Counsel's ad- vice is needed on legal questions', the Board will take the matter under submission, reserving its final judgment until it receives such advice. -1- RESOLUTION NO. 75/28 . 5. If the Board's tentative decision is adverse to the appellant , the Board may modify or reverse its tentative con- clusion for policy reasons , insofar as such modification is not Inconsistent with law. Such action may be taken when the Board, in its discretion, determines it -to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with its decision. Unless so stated, a decision shall have no precendential effect on future cases . .' G. Having made factual determinations , having received advice on the legal issues, and having applied policy consddera- tions , the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning of the decision. The .. Board may direct the County •Counsel ,to draft a proposed decision for its consideration. 7 . The Board may contra ct, w.ith :a hearing officer, who shall . be a member of the California Bar, to act on its behalf in con- ducting General Assistance appeals . The Board 's Hearing Officer shall follow steps . l through S4 •above•, and shall recommend .a proposed decision, stating findings off' fact and summarizing the reasoning of the proposed decibion. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own interpretation of the record on appeal and applicable law. PASSED on January 111 , 1975, unanimously by the Supervisors present . I MTIFM COPY I certify that this is a full, true ! correct eery of the orlglual document which L on file to my offlee. and that it was passed ! adopted by the Board of Supervisors of Contra Costa County. California, on the date shown. ATTEST: J. R. OLSSON, County Clerk k e:offlclo Clerk of said Board of Supervisors, by Depot CIerL an jam 1 41975 cc : Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator 'ai.V rU04/ JU4/PLL Social Service Department Contra Please M*to. MrMcto VMWr9W Costa w WUOWe finis M811M,CaBMPnle 94553.4Q68 County w� •t June 16, 1993 Kenneth Clemons • 712 Chanslor Ave Richmond, ca 94801 Dear Mr. clemmons; Your request of June 14, 1993 to have your evidentiary hearing, scheduled on June 7, 1993; reinstated is denied. You submitted medical records which show you went to the Richmond Health Clinic on April 24, 1993 for an undisclosed reason. The only comment on that medical form is that they could not see you that day. Your next medical visit was on June 9, 1993 at which you stated you had suffered a head injury on April 30, 1993. You were told to return in July, 1993. There is no medical verification that you were unable to attend your hearing on June 7,1993. Vn addition we have no record of contact with you prior to the hearing informing us you might not be able to attend for medical reasons. The letter advising you of the hearing date informs you to contact the Appeals Section if you are unable to attend. Sincerely, Ruby Mo nari Social Service Appeals Officer 0 ,-29-93 04:49 Ptd FP,014 CONT;RA COSTA I,FC4.:3 11 P0 0 j1'0%4�f Social Service Department ContraDoug*s°°'��"�: 'a i MgrNnaz.Costa Vrm CaliforniaDrive C9553.40d8 a County NXIDENTIARY NEARING DECIIIONI NOTICE OZ DIflXX8pAL IN 212 NKTIIR U: County #: 385758rW4KC Filing Date: 5/19/93 Kenneth Clemons Notice Date: 5/07/93 712 Chanslor Ave. Action Date: 5/31/93 Richmond, CA 94801 Hearing Date: 6/07/93 4 TL Aid Paid Pending? YES # NT •F FACTS C T An Evidentiary Hearing was scheduled for June 7, 1993. Claimant was duly notified of the date, time and place of Hearing via letter May 24, 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR TAE DECISIOON Department Manual Section 22-300, V, A, 3 states that if claimant fT;Is to appear for an I,videntiary hearing without previously aeraanging fur a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. 4_ RDER The claim is dismissed as claimant tailed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. if you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Board of SuperviGors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . Appeals must be filed within fourteen (14) days of the date of the zvidentiary Decision. No further aid paid pending a Board of Supervisors appeal. June 3 , 1993 Charl A. Chapman CAC:sls social Service Appeals Officer -29- 3 04;4u P7 PItCi� CONTRACOSTA LPGLWY P002/U021�F1� June 29, 1993 The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 gear Members of the Board: I am appealing and requesting an appearance before the Board of Supervisors of Contra Costa County on the enclosed notice of dismissal of an evidentiary hearing. My hearing was dismissed on the basis that I did not have good cause for not having attended the hearing on June 7, 1993. I have additional evidence to present on my appeal to your Board. Your courtesy and consideration to my request is sincerely appreciated. Please notify me of a date and time to appear. spectfully Submitted, Kenneth Clemons 712 Chanslor Avenue Richmond, CA 94801 • RECEIVED June 29, 1993 JUN 3 0 1994 The Board of Supervisors County Administration Building CLERK BOARD OF SUPERVISORS 651 Pine Street, Room 106 CONTRA COSTA 00. Martinez, CA 94553 Dear Members of the Board: I am appealing and requesting an appearance before the Board of Supervisors of Contra Costa County on the enclosed notice of dismissal of an evidentiary hearing. My hearing was dismissed on the basis that I did not have good cause for not having attended the hearing on June 7, 1993 . I have additional evidence to present on my appeal to your Board. Your courtesy and consideration to my request is sincerely appreciated. Please notify me of a date and time to appear. R spectfully Submitted, Kenneth Clemons 712 Chanslor Avenue Richmond, CA 94801 Social Service De argent ' Please reply to: a Contra ` Perfecto Villarreal 40 Douglas Drive Director Costa Martine2,Callf0rnia94553-4068 County Co- n f' i June 16, 1993 Kenneth Clemons ` 712 Chanslor Ave Richmond, Ca 94801 ---- - Dear Mr. Clemmons; Your request of June 14, 1993 to have your evidentiary hearing, scheduled on June 7, 1993; reinstated is denied. You submitted medical records which show you went to the Richmond Health Clinic on April 24, 1993 for an undisclosed reason. The only comment on that medical form is that they could not see you that day. Your next medical visit was on June 9, 1993 at which you stated you had suffered a head injury on April 30, 1993. You were told to return in July, 1993. There is no medical verification that you were unable to attend your hearing on June 7,1993. t ?n addition we have no record of contact with you prior to the hearing informing us you might not be able to attend for medical r reasons. The letter advising you of the hearing date informs you to `. contact the Appeals Section if you are unable to attend. Sincerely, Ruby Mo nari t Social Service Appeals officer Social Service De arent Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County '%af�"1�tiii• r� conn EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #: 385758-W4KC Filing Date: 5/19/93 Kenneth Clemons Notice Date: 5/07/93 712 Chanslor Ave. Action Date: 5/31/93 Richmond, CA 94801 Hearing Date: 6/07/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for June 7 , 1993 . Claimant was duly notified of the date, time and place of Hearing via letter May 24 , 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. i REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant f-i; ls to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. June 3, 1993 i Charl A. Chapman Social Service Appeals Officer CAC:sls � ! ' . « % WA 7 ID @ $ \ 0 0 & @ . \ / W \ Q Q \ \ . igr w 6. Q > f , { o � . U � � V � r CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: June 30 , 1993 Appeals and Complaints Division FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT: Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed by Kenneth Clemons Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2: 00 p.mon Tuesday, July 20, 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive The Boardof Supervi-Vs Contra Ceh°oftt eB and and County Administration BuildingCota County Administrator Costa 651 Pine St., Room 106 J (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop,3rd District ' -1_" Sunne VMght McPeak 4th District \` Tom Torlakson,5th District ... C:US June 30 , 1993 Kenneth Clemons 712 Chanslor Avenue Richmond, CA 94801 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4. 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107 , County Administration Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on Tuesday, July 20 , 1993 . In accordance with Board of Supervisors Resolution No. 75/28, your written presentation and all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure. Very truly yours, PHIL BATCHELOR, Clerk nf. the Board � of Su erv' orsCounty Administrator By a Ann ery i, 'Deputy C erk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator I� ' BOARD OFERVISORS OF CONTRA COSTA CORY, CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance are made to the Board of Supervisors pursuant to Board of Supervisors Resolution 714/365; and this Board therefore estab lishes these uniform procedures for. such appeals, effective today. 1. A written appeal must be filed with the Clerk of the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. Both the Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department) must file all written materials at least one week before the date set for Board hearing, of the appeal. 3. Upon hearing of the appeal , the board shall make any required fact determinations based .on the record on appeal . This record shall include the Department's Hearing Officer's fact findings, plus any papers filed with that ,Officer. The hoard will not allow the parties to present new facts . at time of appeal , either orally or in writing, and any such presentation will be disregarded. If the .facts upop which .the. appeal is based are not in dispute, or if any, dispute.d.,T,aptsl•,are' not relevant to the issue .;.. ultimately to be decided by .the Board, the Board will proceed immediately to the next spep-,WLthout ;co.nsiderinF, fact questions. The parties may stipulate ,to•''an' iz'reed set of facts. 4. Once the facts are determined, or if there are no fact determinations required �V5i' the Board will consider legal issues presented- by-`the- -appbal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department 's Hearing Officer's deci3lon- and such other . papers as may be filed. Appealing parties may make'legal arguments both by written. brief and orally before the..Boardi , If the issues are susceptible of immediate resolution, the Bodrd may, if it desires , immediately decide them at the appeal hearing;. If the County Counsel's ad- vice is needed on legal questions', the Board will take the matter under submission, reserving its final judgment until it receives such advice. -1- RL•SOLUTION NO. 75/24 JP6 4D 5. If the Board's tentative decision is adverse to the appellant , the Board may modify or reverse its tentative con- clusion for policy reasons, Insofar as such modification is not Inconsistent with law. Such action may be taken when the Board, in its discretion, determines it to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with its decision. Unless so stated, a decision shall have no precendential effect on future cases . G. Having made factual determinations , having received advice on the legal issues, and having applied policy cons•idera- t1ons , the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning of the decision. The . .. Board may direct the County -Counsel ,to draft a proposed decision for its consideration. 7 . The Board may contra ct, w.ith :a hearing officer, who shall be a member of the California Bar, to .act on its behalf in con- ducting General Assistance appeals . The Board 's Hearing Officer shall follow steps . 1 through ,4 ,above,, and shall recommend .a proposed decision, stating findings off' fact and summarizing the reasoning of the proposed decition. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own interpretation of the record on appeal and applicable law . j PASSED on January 1'1 , 1975, unanimously by the Supervisors present. i CnTITIED COPY I certify that this is a full, true ! eorrect colPy of the original document which is on file in my offlee. and that it was passed A adopted by the Board of Supervisors of Contra Costa County, California, on the date shown. ATTEST: J. R. OLSSON, County Clerk A ex-officio Clerk of said Board of Supervisors, by Deput Clerk. on .lett 1 41975 cc: Uirector, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator OJ-%.-CJ 04:40 PRF FROM CONTRA COSTA LE°HS ` P004/004i"F 22 Social Service Department Contra Pl.il�rpfyta pal Oft YNrem , rive MOO* Costa MeDdna&IIf0M I8 94853 4068 County 1 1 • June 16, 1993 Kenneth Clemons 712 Chanslor Ave R.iohmond, Ca 94901 Dear Mr. Cl,emmons; Your request of June 14, 1993 to have your evidentiary hearing, scheduled on June 7, 1993; reinstated is denied. You submitted medical records which show you went to the Richmond Health Clinic on April 24, 1993 for an undisclosed reason. The only coament on that medical form is that they could not see you that day. Your next medical visit was on June 9, 1993 at which you stated you had suffered a head injury on April 30, 1993. You were told to return in July, 1993. There is no medical verification that you were unable to attend your hearing on June 7,1993. i fn addition we have no record of contact with you prior to the hearing informing us you might not be able to attend for medical reasons. The letter advising you of the hearing date informs you to contact the Appeals Section if you are unable to attend. Sincerely, Ruby No Hari Social Service Appeals Officer nn }' T �iY,Y9 Plrl r,�},1� C•Ut'd1r,�. C_�S1A . FUSS Ti (��.51 I Social Service Department Contra "°"°"°' 40 Douglas Drive M P.rl eso vB.rn.! Costa Std arlinaL California 94553-4088 a County �a X jIQZ rTIARX NAMING DECII IDN: NO'TIC_Z DIBxIRBA IN 2a. XKT $�78 County 1: 385758-W4KC Filing Date: 5/19/93 Kenneth Clemons Notice Date: 5/07/93 712 Chanslor Ave. Action Date: 5/31/93 Richmond, CA 94801 Hearing Date: 6/07/93 Aid Paid Pending? YES 8T TEMENT_ OF FACT6 An Evidentiary Hearing was scheduled for June 7, 1993. Claimant was j duly notified of the date, time and place of Hearing via letter May 24, 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. I REA80N8 FOR TRE DLC BION Department Manual Section 21-300, V, A, 3 states that if claimant f,i-; is to appear for an tavidentiary hearing without previously aLra;nging fur a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDE><t The claim is dismissed as claimant tailed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Fine street, Martinez, 94553 . Appeals oust be filed within fourteen (11) days of the date of the Evidentiary Decision. No further aid ,paid pending a Board of Supervisors appeal. June 3, 1993 Charl A. Chapman CAC;sIs social service Appeals Officer a r SR ?EGn.. OC-2 -n 04:41 IM RryrCj1Trt COS r00�' �.1 . . June 29, 1993 The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 Dear Members of the Board: I am appealing and requesting an appearance before the Board of Supervisors of Contra Costa County on the enclosed notice of dismissal of an evidentiary hearing. My hearing was dismissed on the basis that I did not have good cause for not having attended the hearing on June 7, 1993. 1 have additional evidence to present on my appeal to your Board. Your courtesy and consideration to my request is sincerely appreciated. Please notify me of a date and time to appear. spectfully Submitted, 0121—�� Kenneth Clemons 712 Chanslor Avenue Richmond, CA 94801 r J�J'LA LE P 00 0 • LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main MOO Tokphona 1017 Macdonald Avenuo Weal County(510)233.9934 P.O. Box 2259 FAit(S 10)439-9166 Richniorod.California 94802 Centmi(S 10)3724209 Fax(510)236-61946 TELECOPIZR TRANSMISSION COVER KZXORANDUX DATE: TO: FIRM: r 4 FAX No: FROM: RE: TOTAL xuxBzR or P Gzs Clu inq over COMMENTOt DO ONE OR MORE Or THE FOLLOWING; PLEA deliver immediately to the Recipient. Please request the Recipient to telephone the sender immediately upon receipt and review. Please have the Recipient verify receipt by telephone. original will not follow. Original will follow by (check one of the following) : Regular Mail Certified Nail, Return Receipt Requested Express mail Federal Express Other: (FOR QUESTIONS CALL: (510) 233-9954) 601 7 T • 2 L L Z L LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenuo West County(510)233-9934 P.O. Box 2289 East(5 10)439-9166 Richmond,California 94802 Central(510)372.9209 Fax(510)236-6346 TELECOPIER TRANSMISSION COVER MEMORANDUM DATE: TO: FIRM: &ud FAX NO; p FROM 1A 01 RE: ty f SIAX I TOTAL NUMBER OF PAGES (&cl�ing bover COMMENTS: 7" DO ONE OR MORE OF THE FOLLOWING: Please deliver immediately to the Recipient. Please request the Recipient to telephone the Sender immediately upon receipt and review. Please have the Recipient verify receipt by telephone* original will not follow. Original will follow by (check one of the following) : Regular mail Certified Mail, Return Receipt Requested Express Mail Federal Express Other: (FOR QUESTIONS CALL: (510) 233-9954) 601 4 jr 7, 'IVI 01 June 29, 1993 The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 Dear Members of the Board: I am appealing and requesting an appearance before the Board of Supervisors of Contra Costa County on the enclosed notice of dismissal of an evidentiary hearing. My hearing was dismissed on the basis that I did not have good cause for not having attended the hearing on June 7, 1993. 1 have additional evidence to present on my appeal to your Board. Your courtesy and consideration to my request is sincerely appreciated. Please notify me of a date and time to appear. R spectfully Submitted, Kenneth Clemons 712 Chanslor Avenue Richmond, CA 94801 7 j.1. 111 i. , -' / , r L 'T Social Service Department 'Contra Please reply 40 bougies as ve p4lifiecto VININIVA111 CDlnota osta Martinez,California IU553-400 County ]WIDANTIARY HEARING-- RZOGIONS NOTICE OF DISMISSAL IN TAN X&TWER Q1F2 County 1: 385758-W4KC Filing Date: 5/19/93 Kenneth Clemons Notice Date: 5/07/93 712 Chanslor Ave. Action Date: 5/31/93 Richmond, CA 94801 Hearing Date: 6/07/93 Aid Paid Pending? YES STATEMENT OF FACT§ An Evidentiary Hearing was scheduled for June 7, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter May 24, 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONO M THE DECISION Department manual Section 22-300, V, A, 3 states that if claimant fr1,--; l9 to appear for an Evidentiary Hearing without previously arranging fur a postponement, tl%e claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORPjER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing . The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clark of the Board, 651 Pine Street, Martinez, 94553 . Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. June 3, 1993 Charl A. Chapman CAC:sls Social Service Appeals Officer J 7 __ I r`'� I_"1'!• F T n �,i, `u i� • r'l l l ,1 ?i r`= 0 Social Service Department Contra Please reply to- perfecto VNlarreal Co40 Douglas Drive Director Costa Martfne2,Calftenle 94553.4068 County a�. June 16, 1993 Kenneth Clemons 712 Chanalox Ave Richmond, Ce 94801 Dear Mr. clemmons; Your request of June 14, 1993 to have your evidentiary hearing, scheduled on June 7, 1993; reinstated is denied. You submitted medical records which show you went to the Richmond Health Clinic on April 24, 1993 for an undisclosed reason. The only comment on that medical form is that they could not see you that day. Your next medical visit was on June 9, 1993 at which you stated you had suffered a head injury on April 30, 1993 . You were told to return in July, 1993. There is no medical verification that you were unable to attend your hearing on June 7,1993. tin addition we have no record of contact with you prior to the hearing informing us you might not be able to attend for medical. reasons. The letter advising you of the hearing date informs you to contact the Appeals Section if you are unable to attend. Sincerely, by Molinari Social Service Appeals Officer