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HomeMy WebLinkAboutRESOLUTIONS - 08081995 - 95-385 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 8, 1995 by the following vote: AYES: Supervisors Rogers , DeSaulnier and Bishop NOES: Supervisors Smith and Torlakson ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: General Assistance Hearing ) RESOLUTION NUMBER 95/x_ and Appeal Procedures ) The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolution No. 92/554, as amended by Resolution No. 94/92, which established standards for General Assistance Hearings and Appeals are hereby superseded and the following provisions are adopted pursuant to Welfare and Institutions Code Section 17001, effective October 1, 1995. Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date of proposed action which will reduce, suspend or terminate a General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors changes in grant levels. 103. Hearings (a) All notices of action which involve discontinuance of aid and a period of ineligibility for failure or refusal to comply with program requirements will include notice of a pre-scheduled appeal hearing. (1) The hearing date, time and location will be included on the front of the notice of action. (2) The hearings will be scheduled by the General Assistance automated caseload management system. The hearing will be scheduled to take place no sooner than ten days from the date of the notice of action, and no later than the proposed effective date of the action. (3) A recipient who receives a notice less than five days before the scheduled hearing date shall receive a continuance of at least five days, upon request. Hearings may be continued otherwise in accordance with the Social Service Department Manual. Continuances pursuant to this section do not stay the noticed action, but aid shall be restored within one working day, in the event of a hearing decision favorable to the recipient. (b) All notices of action to deny an application, and all notices of action to reduce, suspend, or terminate a General Assistance grant, other than as provided in part 103 (a), may be appealed by the applicant or recipient's timely written request for a hearing. (1) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the notice of action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the RESOLUTION NO. 95/ 385 Page 1 date it bears, and a request for a hearing presumed to have been delivered on the date it is received and mailed on the date it is postmarked. (2) Where a General Assistance recipient timely requests a hearing hereunder challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (c) Applicants or recipients may appeal the application to them of General Assistance program requirements by timely written request for a hearing, delivered to the Department within fourteen days of the action taken. Such appeals do not stay the action. The decisions of the Appeals Unit in such cases may be appealed by the applicant, recipient, or the Department, to the Social Service Director. 104. Actions implementing Board of Supervisors' changes in General Assistance grant levels are not appealable and hearing requests based thereon may be summarily denied. 105. Hearings, other than those automatically scheduled, will be scheduled within thirty days of the date of receipt of a request for a hearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least seven days in advance of the Hearing date. 106. The General Assistance Hearing Representative will present the Department's position at the hearing. (a) Prior to a hearing under section 103 (b) or (c), the representative will, and under section 103 (a) may, review the action in dispute. (b) In preparing for the presentation, if the Hearings Representative finds that the action is incorrect, the worker will be so advised. 107. If a claimant is unable to attend the hearing at the originally scheduled date and time, and a timely request for postponement is made, the Appeals Manager or his/her designee will make an evaluation of the request. Except as provided in section 103 (a) (3), the hearing will not be continued beyond the hearing date unless authorized by the Appeals Manager or his/her designee on one of the following grounds, for which verification may be required: (a) hearing is continued at request of the Social Service Department, (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the family, (e) other good reason (as approved by the Appeals Manager), which may include unavoidable inability to consult with a representative. 108. Decision In hearings under section 103 (a), a summary written decision shall be made on the hearing date, and copies delivered to the appellant and to the Department. As to other hearings, a written decision shall be mailed to the claimant within thirty days after the hearing record is closed, unless the Department extends the time in writing, for cause. RESOLUTION NO. 95/ 385 Page 2 Part 2 Appeals to the Social Service Director 201. The applicant, recipient or the Department may appeal an adverse hearing decision to the Social Service Director. 202. A written appeal must be filed with the Social Service Department within fourteen days after the decision has been delivered or mailed to the appellant. Absent evidence to the contrary, a hearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Social Service Director will not stay the implementation of the hearing decision, and the appellant shall not be entitled to receive a General Assistance grant pending the appeal and/or the further hearing following the appeal. (b) The appeal will be scheduled to be heard within thirty days of the Department's receipt of the written appeal. The appellant shall be mailed or served written notice of the appeal hearing at least seven days before the appeal hearing. 203. The appeal hearing will be before the Social Service Director or the Director's designee. The designee shall be an Assistant Director or other management employee of the Social Service Department who does not work in the area of General Assistance, and who did not take part in the subject decision. 204. All written materials must be filed at least one week before the date set for the appeal hearing. 205. The Social Service Director or the Director's designee shall decide the appeal based on the record on appeal and testimony received by the Director or designee. This record shall include the hearing decision appealed from and all papers filed at said hearing. 206. The Social Service Director or designee shall make any required fact determinations based on the record. The parties may stipulate to an agreed set of facts. 207. Once the facts are determined, or there are no factual determinations required by the appeal, the Social Service Director or designee will consider any legal issues presented by the appeal. If possible, legal issues should be framed and submitted before the appeal hearing and shall be based on the hearing decision appealed from. (a) The parties may make legal arguments both in writing and orally before the Social Service Director or Director's designee. Legal issues may be immediately decided at the appeal hearing. If the County Counsel's advice is needed on legal questions, the Social Service Director or designee may take the matter under submission until such advice is received. 208. The Social Service Director or the Director's designee may decide an appeal immediately after the appeal hearing or take the appeal under submission, in which case the appeal shall be decided within 30 days after submission unless the Director extends the time for decision for cause. The appeal decision shall be in writing. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Contact: Jewel Mansapit, Social Service, 313-1601 Board of Susora on th date shown. ATTESTED; PHIL B TC LOR,Cie of the Board 4ofuperviso d County Tnistrator RESOLUTION NO. 95/ By Ali ;Deputy