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Home My WebLink AboutMINUTES - 11091993 - H.5 FROM: Perfecto Villarreal, Director Social Service Department DATE: November 9, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY CLYDE HILL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Clyde Hill's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on July 24, 1993. The Hearing was scheduled for September 2, 1993. Claimant did not appear for the hearing, and the claim was dismissed. Signature: Ila 4f,44 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IF - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON November 9 , 1993 APPROVED AS RECOMMENDED x OTHER x On October 26 , 1993 , the Board continued to this date the hearing on the above appeal . Jewel Mansapit, General Assistance Program Analyst, Social Service Department appeared and presented the staff report. Clyde Hill , appellant, presented testimony in support of his appeal . Ms . Mansapit recommended that the Board deny Mr. Hill ' s appeal but allow him the opportunity to submit the verification of his contention to the Social Service Department and if he did so, that his original request for'..a hearing would be granted by the Social'.Service Department. IT IS BY THE BOARD ORDERED that Ms . Mansapit ' s recommendation is APPROVED. 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 November 9 , 1993 Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF Appeals Unit SUP ERV ORS D COUNTY ADMINISTRATOR County Counsel County Administrator BY " , DEPUTY Clyde Hill SOclai Service Department Contra Please reply to: 40 Do-;glas Drive Perfecto Villarreal Costa Martinez.California 94553-4068 Dire s clor J County SE L 8/20/93 Tacuu.}Yr CLYDE J. HILL 2573 Hinkley Richmond, CA 94804 Re: 413386 EW: W4NJ Filing Date: 7/24/93 Dear CLYDE J. HILL 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: 9/02/93 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 BRW:sls W-5 - THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 26,. 1993 by the following vote: AYES: Supervisors Powers, Bishop, McPeak and Torlakson NOES: None ABSENT: Supervisor Smith ABSTAIN: None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Hearing on the appeal of Clyde Hill This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing of the appeal of Clyde Hill from the General Assistance Evidentiary hearing decision. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, submitted a memorandum at the request of the appellant to continue the hearing to November 9, 1993. IT IS BY THE BOARD ORDERED that the hearing on the appeal of Clyde Hill from the General Assistance Evidentiary Hearing decision is continued to November 9, 1993 at 2:15 P.M. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 26, 1993 Phil Batchelor, Clerk of the Board of Supervisors nd County Administrator By , Deputy cc: County Administrator County Counsel Social Services Appeals Division J. Mansapit, Program Analyst C. Hill c�� oti JD-Y�-- to%� r P5 CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: October 7, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT:New hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Clyde J. Hill ---------------------------------------------------------- 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 :15 p.m. on Tuesday, October 26, 1993 . Attachment cc : Board members County Administrator County Counsel 1 ct ry RECEIVED SEP 1 61993 SUPERVISORS CONTRA COSTA CO. The. Board of Supervisors Contra Clerk Clerk Batchelor of the Board and County Administration BuildingCosta County Administrator 651 Pine St, Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff SmM,2nd District t o Gayle Bishop,3rd District _,._��•!,. Sunne Wright McPeak 4th District �— Tom Torlakson,5th District %'•.MS'S~••.•=:'?":e�' -•g ;v Tq ('OUNS'� October 7, 1993 Mr. Clyde J. Hill 2573 Hinkley Richmond, CA 94804 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 : 15 p.m. on Tuesday, October 26, 1993 . In accordance with Board of Supervisor Resolution No. 92/554, 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 Supervis rs and County An• tra r a:B n Cervelli, Deputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: • AYES: Supervisors Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None s:sssss:ssssssss:ss:ssss.sssss=ss=sss:s:s:=s::s=====__ SUBJECT: General Assistance Hearing } Resolution Number 92/554 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: 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 his or her General Assistance grant for cause.Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a bearing 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 date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action whicb will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings will be scheduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-bearing review. (a) Proposed pre bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 207. If the claimant is unable to attend the bearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request.The bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, wwww•tww��• www�w�.w �� (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) Ulness which prevents travel. (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the hearing record is dosed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.Ile Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- bearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse hearing decision to the Board of Supervisors. 202. A written appeal must be received by the Qerk of the Board of Supervisors-aitbin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a bearing decision is presumed to have been mailed on the date it bean. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further bearing. (b) The appeal will be scheduled for the first available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the hearing decision, the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds in favor of the claimant, the Qerk of the Board will be notified to withdraw the item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at least one creek before the date,set for the Board hearing.New material mtst be served by mail on the apposing parry. 205. (a) Upon bearing the appeal, the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board. This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) U the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of teas. RESOLUTION NUMUR 92f 554 206. (a) Once the facts are determined,or if there are no fact determinations required by the appeal, • the Board will consider legal issues presented by the appeal. Legal issues are to be framed, insofar as possible,before the Hearing and sball be based on the Department's Hearing Officers decision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal bearing. If the County Counsel's advice is needed on legal questions,the Board may, take the matter under submission,reserving its final judgment until it receives such advice. 207. The Board may decide an appeal immediately&fur bearing or take the appeal under rsubmission. I WOV arab +d acme OM eR an action fate+ ane anted en rr cif" Of IM saw ofa+w dim GOWW z ATTR"4t`. VO 9"10 �ane Oaenb dAAnMsta RESOLUTION NUMBER 92/U Social Servvice Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez.California 94553-4068 ec Dirtor County sT'� COI�,• EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #: 413386-W4NJ Filing Date: 7/24/93 Clyde J. Hill Notice Date: 7/15/93 2573 Hinkley Action Date: 7/31/93 Richmond, Ca 94804 Hearing Date: 9/02/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for September 2, 1993. Claimant was duly notified of the date, time and place of Hearing via letter August 20, 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 fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. September 3, 1993 Barbara R. Weidenfeld Social Service Appeals Officer BRW:sls v w i��., iv-vi �i �...an� .JLI\Va...•L ✓moi i . its OOICJJ7 r.Kid re. T, CONTRA COSSTA COUNTY RECEIVEi� CCIAL SERVICE DEPARTNENT J-- 14 'FW OCT 2 51993 CLERKCONTRAOCOSTA CSO. October 26, 1993 TO: BOARD OF SUPERVISOFf FROM JEWEL MANSAPI ERAL ASSISTANCE PROGRAM ANALYST SUBJECT: APPEAL OF GEN ASSISTANCE EVIDENTIARY kik"ING DECISION BY CLYDE HILL At the request of the appellant, Sociai Service Department is requesting continuance of the Board Hearing to November 9, 1993. Jewel Mansapit General Assistance Program Analyst i j i i r s. C s 1, F 9 ~ (OT -cl aSY� rn 000 DVto r7l om y ' : 14