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HomeMy WebLinkAboutMINUTES - 10051993 - H.4 CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: September 14, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Stoney Mouton 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 5,. 1993 . Attachment CC : Board members County Administrator County Counsel The Board of Supervi s Contra �«WV county Adm1nWft ion B 101 c�tea. 651 Pine M. Room 106 osta ,1,0,W.2371 U�ia County Um Pomm Ist DWWO Tim TiiUl�es,6Mi Wstiet September 14, 1993 Mr. Stoney Mouton 30 Muir Road Martinez, CA 94553 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 5, 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 Supervisors and County Admi 'str Y (T r B a n Cerve i, Deputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN-N,CALIFORNIA Adopted this Order on Angust 4, 1992 by the following vote: . AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None sssssssssssssssssssssassssassasassses:ssssssssassasaa 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 establisbed standards for General. Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Pan 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 whicb 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 which will reduce, suspend or terminate his or ber 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. 205. Hearings will be scbeduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the bearing to the claimant at least ten days in advance of the Hearing date. 206. When a request for a bearing his been received,the claim may be reviewed and resolved in the daimant's favor by a pre bearing review. (a) Proposed pre-bearing resolutions sW 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 scbeduled 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,whicb require verification: (a) bearing is continued at request of the Social Service Department, (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 208. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing 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.The Hearing Officer's findings of fact are not subject to cbange,but the General Assistance Policy Manager may order re- hearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Qerk of the Board of Supervisors within 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 bearing 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 Clerk 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 week before the dw set for the Board bearing.New material must be served by mat?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.Ibis record :ball include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If 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 facts RESOLIMON NU MER 92/554 1, 206. (a) Once the facts are determined,or if there are no fact determinations required by the appeal, the Board wW 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 Officer's 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 as appeal immediately after bearing or tate the appeal under submission. �r.br e.mh w•+fw b a to wd sena+VIM of Wd Now a w W*00 a n» go dwz ATi 'i„pa,ATof the io�sm WA Carer A or • fi.,��1Glt/� .off RESOLUTION NUMBER 92/ 554 ^ ~ ----------- -----------------'- ------ � ��-_-_-���-��--____'-�_�' ~ CLERK BOARD OF SUPERVISORS - - - '-- - � / '--- ---' __-- - - / SEP - 10 - 93 FFt I 1 102 P . 01 • Social Service Department ContraPicasoraplyto: 40 DougIns drive Perfecto VillarrealCOC`ta Martinez,California W53-400 p roctos7 County 1EVINENTIARX HEARINGi DE X NOTICS OF-DISMISAM XN, THE-WA TTER 012 \ County 007-446136-A4AB Date of Notice: 7/19/93 Mr. Stoney Mouton Date of Action: 7/31/93 30 Muir Rd. Filing Date: 8/2/93 Martinez, CA 94553 Hearing Date: 8/25/93 Aid Paid Pending? YES BTTEMENT OF FAcxg An Evidentiary Hearing was scheduled for August 25, 1993 , Claimant was duly notified of the date, time and place of Hearing via letter dated .August 11, 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REAaoxs ZOR THE DEC M ON 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 ofthe date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. ' Date: August 26, 1993 Scott G. Clayton Social Service Appeals Officer 6GC:gs Post-it",brand lax transmilial memo 7671 Not pages • Iv-s_R3 1�.� CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: September 14 , 1993 Appeals and Complaints Division and Program Analyst, FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Stoney Mouton 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 5, 1993 . Attachment CC: Board members County Administrator County Counsel The Board of SuperviContra • VW County Administration Suftno W1 Pine&. Ploom 106 Costa �� CWi�se 94MCounty TIm yaw&IN oWa Q%%NOW Mrd DIN ?� ea.eftW SWOW nth DWWiM 1 Tim TM�ksow SMi Ohtriet September 14, 1993 Mr. Stoney Mouton 30 Muir Road Martinez, CA 94553 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 5, 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 Supervisors and County Admi ' str r By a n Cerve i, Deputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator alp 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 sessssssssssssssssssssesssssssssssssssssss=sssssssas== SUBJECT: General Assistance Hearing } Resolution Number 92/.L54 and Appeal Procedures } Ile 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 bey 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 which will reduce, suspend or terminate his or bey 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 bearing 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. 107. 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.Ile 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, (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness 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 marled to the claimant within thirty days after the bearing 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.The 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 bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors%ithin 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 bears. (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 bearing 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 Clerk 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 materiah at least one week before the date set for the Board bearing.New material must be served by mail on the opposing party. 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.Ibis record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or ff any disputed facts are not . relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the text step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLLMON NUMBER 92/5_ 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 shall be based on the Department's Hearing Officer's decision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and oraUy before the Board. If the issues are susceptible of immediate resolution, the board may immediately decide them at the appeal bearing. U 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 after bearing or take the appeal under �sttbmission. �.+�►�,ay r�to r.Ow grid sante+Beer d getq *ken Md 0 tw 0 " Q**"* 40 'h" saw d 704%4,Iga' "4 1 L IXAT WR RESOLUTION NUMBER 92/ 554 ct V\ RECEIVED SEP 0 91993- I BOARD OF CLERKK-8 SUPERVISORS -----CONTRA-COSTA-CO.---- ------------- `SEP — 1 0 - 93 FFt I 1 1 02 • P . 0 1 Social Service Department contra PicaGo ropl Drive Costa 40 Douglas CaliforniaPer♦ecto Villarreal J Martinez, titor94353-40ti8 Orocto County "MENTIARX HEARING DE x f NOVICE OF-12168166M IN THE it+lCATTER OVt County 007-448138-A4AB Date of Notice: 7/19/93 Mr. Stoney Mouton Date of Action: 7/31/93 30 Muir Rd. Filing Date: 8/2/93 Martinez, CA 94553 Hearing Date: 8/25/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for August 25, 1993. ,Claimant was duly notified of the date, time and place of Hearing via letter dated .August 11, 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS XOR THE PECIB ON 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 he filed within fourtreen 14) days ofthe date of the Evidentiary Decision* No further aid paid pending a Board of Supervisors appeal. ' Date: August 26, 1993 Scott G. Clayton Social Service Appeals Officer SGC:gs Post-IV brand fax transmittal memo 7671-7a of—pages► / CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: September 14, 1993 Appeals and Complaints Division and Program Analyst , FROM: Jeanne Maglio, Chief Clerk G� Ann Cervelli, Deputy Clerk SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Stoney Mouton 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 5, 1993 . Attachment cc: Board members County Administrator County Counsel The Board of SupervisesContra • Clark of Ow Dowd and County Administration Buildingcounty Ad +itlraar 151 Pina sc. ROOM U* Costa 010)60-23„ �� Uftmia UMCounty AW 6a.Zed 0111ria snw.wnw Mk/Mk MN OMtrim Tint TMMtrew W Ohtria September 14, 1993 Mr. Stoney Mouton 30 Muir Road Martinez, CA 94553 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 5, 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 Supervisors and County Admi ' str r By a n Cerve i, Deputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator div s: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,GL,IFORNIA Adopted this Order on August 4, U92 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None ssssasassass::::assssss:assess=s==ssssass=sasasssss== SUBJECT: General Assistance Hearing } Resolution Number 92/L54 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 which 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. 305. Hearings will be sebeduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit wM mai'] a written notice of the bearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing bas 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. 107. If the claimant is unable to attend the bearing at the originally scbeduled 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, (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness 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 bearing 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.The 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 bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Qerk of the Board of Supervisors v%ithin 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 bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient&ball 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 bearing decision, the Appeals unit will be notified to proceed with the presentation to the Board. (b) U 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 trout file an written materials at least one wmeek before the date set for the Board bearing.New material must be served by mall an the opposing party. 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 ?his record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If 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 facts. RESOLLMON NUMBER 92/554 1 206. (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 shall be based on the Department's Hearing Officer's decision and such other papers as may be filed. i (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 as appeal immediately after bearing or take the appeal under .pxsubmission. 1 bomb,e"r++ Y.ra fed W, 00"d gn getion rk" MO VAN 0 WS w� a as boom of dM ATMS MJwTair+eC ate.W RESOLUTJON NUMBER 92/ 554 ^ � a���__�-�____� , -r ----------" - ---==--~~x --� -- ---'------' ---- --------�-----�'~�'-----'v - ---------- --------------~ --�----` -- -r -'- --' Jr x ^-- , ~~ ---'-- '---------'- ---------' �--------- -------- 41 � C(.40'��. CLERK BOARD OF-SUPERVISO -' - -- - ----- ' / ---` `----' __ -- -' ____ _ __-_-' - - _---' _---_ --__-'---- - _ - '_- - --- ___'_ --- --- - - ' 0 - 93 FR I 1 1 *2 . P . 0 1 4 Social Service Department Contra picosoreply to: • 40 Douglas Drive Perfecto VillarrealCLam{ Martinez,California 9,453.4068 O roc+oo s t County EVIDENTIARY HEARINGS DE Xg- NOTre OF vismisgA& IN THE tJAMR O s County 007-448138-A4AB Date of Notice: 7/19/93 Mr. Stoney Mouton Date of Action: 7/31/93 30 Muir Rd. Filing Date: 8/2/93 Martinez, CA 94553 Hearing Date: 8/25/93 Aid Paid Pending? YES PTATEMENT OF FACTS An Evidentiary Hearing was scheduled for August 25, 1993. Claimant was duly notified of the date, time and place of Hearing vias letter dated August 11, 1993. Claimant failed to appear .*for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECIB ON 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 ofthe date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. ' Date: August 26, 1993 Scott G. Clayton Social service Appeals Officer 6GC:gs Post-It'"brand fax transmittal memo 7671 r'of pages► / i �,P—gnOVA—S2 kFS— cle q � 1/ F yLev— NIP cl, 01- y _ VON -R-ECEIVE'Dyl- SEP - 91993 CLERK BOARD OF SUPERVISORS CONTRA-COSTAO. -C i i 1 i X 1 r • r,. FROM. Perfecto Villarreal, Director Social Service Department DATE: October 2l, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY STONEY MOUTON SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Stoney Mouton's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on August 2, 1993. The Hearing was scheduled for August 25, 1993. The claimant did not appear for the hearing, and the claim was dismissed. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON October 5 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board for hearing on the appeal from the General Assistance Evidentiary Hearing Decision by Stoney Mouton. Jewel Mansapit, General Assistance Program Analyst, presented the staff report on the appeal . Stoney Mouton, appellant, appeared and presented testimony in support of his appeal . IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal from the General Assistance Evidentiary Hearing Decision by Stoney Mouton is- DENIED. sDENIED. 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. ATTESTED October 5 , 1993 cc : Social Service Department PHIL BATCHELOR, CLERK OF THE BOARD OF Program Analyst SUPERV RS D COVT ADMINISTRATOR Appeals Unit County Counsel BY , DEPUTY County Administrator Stoney Mouton OF 1WRI A Contra Costa County Social Service Department GENERAL ' ASSISTANCE AGREEMENT h• READ-T)AS FORM CAREFULLI'. IT HAS IMPORTANT INFORMATION ABOUT_YOUR.GENERAL ASSISTANCE CASs. IF YOU DO NOT UNDERSTAND r y �X SOMETHING,ASK YOUR ELIGIBILITY WORKER TO EXPLAIN. AFTER YOU READ THIS SIGN YOUR-NAME AND WRITE THE DA Tref, AUTHORIZATION.FOR REIMBURSEMENT OF INTERIM ASSISTANCE GRANTED R PENDING'SSl/ SP LidiBILITY DETERMINATION .- OkU I understand that the public assistance paid to me,or on my behalf,by Con tr*l Costa County is considered interim assistance if it is paid ring the period of time that my Supplemental c Ity Income(SSI)/State Supplementary Payment(SSP)eligibility is being determined. (Assistance financed wholly or partly with Federal funds shall no be eonsidefed Interim asssstanre.) i✓.-� In consideration of.such interim assistance paid to me,or on my behalf, I authorize the Secretary of the United States Department of Health and Human Services,through the Social Security Administration(SSA)to send the first payment.of any SSI/SSP benefits,for which I may be determined eligible,to the.above Agency. I authorize the above Agency to retain from that payment an amount equal to the sum of public assistance payments the above agency and other California interim assistance agencies paid to me,or on my behalf,to meet my basic needs both before and after the date of this authorization,but limited to the period my SSI/SSP eligibility determination was pending. ❑ Initial beginning with the month for which I am found eligible for an SSI/SSP payment and ending with the month my SSI/SSP payments begin; or ❑ Post Eligibility beginning with the month for which my SSI/SSP payments are reinstated after a period of suspension or termination and ending with the month my payments resume. I understand that,after making the above deduction from my SSI/SSP payment,the above agency shall pay tome the balance,if any,no later than ten(10)working days from the day the above Agency receives my payment from SSA. +' I understand that,If I feel that the amount deducted from my SSI/SSP retroactive payment is more than the amount of public assistance paid to me, or on my behalf, by the above Agency,or if I feel the above Agency failed to pay me the excess within the ten(10)day period, I have a right to request a fair hearing from the State Department of Social Services. This request must be filed within ninety(90)days of the date the above Agency notifies me of the receipt and disbursement of the payment. I understand that if I file an Initial claim for SSI/SSP benefits at a Social Security Office within 60 days of the date the above Agency receives this signed form,my eligibility for SSI/SSP benefits can begin as early as the date the above Agency receives this signed form. I understand that this authorization is effective from the date the above Agency receives this signed form and that it will cease to have effect: ❑ Initial Claim at the end of one(1)year from the date the above Agency receives this signed form,unless I file for SSI/SSP within that time,or one of the events listed below.occurs earlier, in which caste the authorization will cease to have effect as of the date of such event; t ° SSA makes an initial payment or reinstates payment on my claim; ° SSA denies my claim and I do not file a timely appeal of that determination; ° The above Agency and I agree to terminate this authorization. or ❑ Post Eligibility at the end of one(1)year from the date the above Agency receives this signed form,or at the end of the maximum period within which to request review of the determination to suspend or terminate my SSUSSP payments,whichever period of time is longer, unless I file a timely request for review,or one of the events listed above occurs earlier,in which case the authorization will cease to have effect as of the date of such an event. REPAYMENT RESPONSIBILITIES I understand I have promised to repay to the County'of Contra Costa all General Assistance I have received or will receive. I understand I have signed a legal document known as a Reimbursement Agreement. The Reimbursement Agreement will be recorded and will place alien against any property I have now or may-q quire-in the future for the outstanding amount of.General Assistance furnished tome. I understand it also gives the county the right to file a creditor's claim against my estate upon my death for any amount of General Asfistance remaining to be repaid to the county. �• ~ If I become employed, receive money as a result of an Inheritance,litigation or from any other sources, I am expected to notify the Social Service Department and arrange for repayment. This,gz4 be done by writing or calling the Social Service Department. I understand I will be contacted by the Office of Revenue Collection soon after my aid is discontinued. My financial ability for repayment will be evaluated and a repayment plan may be initiated DECLARATION I HAVE READ,OR HAD READ TO ME,THE INFORMATION ON BOTH SIDES OF THIS FORM. I HAVE BEEN GIVEN THE OPPORTUNITY TO ASK QUESTIONS ABOUT THESE RESPONSIBILITIES AND REQUIREMENTS. I UNDERSTAND THESE RESPONSIBILITIES AND AGREE TO COOPERATE BY MEETING THEM/N ORDER TO RECEIVE GENE AL ASSIST NCE. YO - G TURC OR MARK DATE P E WHERE,5fGNED GNATURF OF WITNESS TO INI(R RFIER.OR PERSON COMPLETING FORM FOR APPLICANT I CERTIFY THAT I HAVE EXPLAINED THESE RESPONSIBILITIES AND THE PENALTY PROCEDURE TO THE ABOVE-NAMED APPLICANT/RECIPIENT,AND HAVE GIVEN HIM/HER AN OPPORTUNITY TO ASK QUESTIONS ABOUT THESE RESPONSIBILITIES AND PROCEDURES. EE IGIBILITV WORKER OR REPKFSLN 1 A I IV[ GA 201 A(Rev.11/89) Copy i: Client; Copy 2: IM Case file fastener#2 top 1 1uawljedad a:)!nJaS lei:PoS a4j Aq paimbai }! 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Ile ap!noid isnw I -1 :sjuawannbai 6uinnolloj aqj of aajbe pue puejsiapun j juald0ai y;.r:)rlddU a:)uejs►ssd lejauaD a sV DATE: o S43 REQUEST To ,SPEAK FORM (THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers rostrum before addressing the Board. NAME: �J - (,(r-r)VI PHONE: ADDRESS: P-0 trn Ies S CITY: I am speaking formyself_ ,-�6R organization: Check one: (NAME OF ORGANI7-XTION) I wish to speak on Agenda Item # r My comments will be: general for against . • I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. Vr�iiW l. e it th the r er pos e. Request to Speak form (on ev se side) in .the box next to the speakers microphone before your item is to'be considered. 2. You will be called to make your presentation. Please speak into the microphone. 3. Begin by stating your name and address: -.whether, you are .speaking`•for::yourself or as a representative of an.organization. ` 4. Give the Clerk a copy of your presentation or support documentation, if available. s 5. Please limit your presentation to three minutes.. Avoid repeating Comments made by previous speakers. (The Chair,may limit-length.of presentations so all persons may be heard.) Contra Costa County Sacral Service Department GENERAL ASSISTANCE ALTERNATE MAILING ADDRESS REQUEST CASE NAME II - CASE NUMBER EW PCN I request that my General Assistance checks and all other mail from the Social Service Department be sent to: '01 rLi.c-t 2 0 ❑ My home address is: I have no home address. I J REASON FOR REQUEST: I understand that It is my responsibility to pick up my mail regularly, and that failure to do will not be considered good cause for failure to keep appointments with Social Service. I understand that if I do not have a current home address, I must contact my Eligibility Worker monthly. When I obtain a home address,I understand that I must report it to my Eligibility Worker right away. 1 understand that if I do have a home address other than my mailing address, l must include my home address on my monthly income report,and that I must report any change in my home address to my Eligibility Worker right away. 1 understand that I must provide verification of my home address (such as rent receipts, utility bills,etc.)to my Eligibility Worker every six months. I UNDERSTAND MY RESPONSIBILITIES AND DEC E THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIG uRE DATE U. MUNTY USF:ONLY METHOD OF VERIFICATION APPROVED TICKLER SEI FOR ❑ DISAPPROVED Reason. iO REVIE W EIIGIBIl11VW FjSIGNAlIIRE / -� DATE sUPERVISOR'S SIGNAIURE UAIE z�- ILI -(il / /) 7/f - - ---- --- 1C ae/1 D------ --o-✓-�-- —��t sem. .! __ Vis,�--�s--s---� r/ -SEP -9 IgG3 CLERK BOARD OF SUPERVISORS ---- C RA COSTA CO O SEP — 1 0 — 9 3 F R I 11 : 0Z P . 01 1 , Social Service Department Contra Pleaoo reply to: ve perieoto Villarreal Costa 40 Douglas Californiaprocto v �7 Martinez. titor94;53.4068 County W—TIDI"luxBwm:r] (; DEQ Y, ' IC O 1151 -TRE MATTER 01 County #`07-448138-A4AB Date of Notice: 7/19/93 Mr. Stoney Mouton Date of Action: 7/31/93 30 Muir Rd. Filing Date: 8/2/93 Martinez, CA 94553 Hearing Date: 8/25/93 Aid Paid Pending? YES STAT EENT OF FACTO An Evidentiary Hearing was scheduled for August 25, 1993. Claimant was duly notified of the date, time and place of Hearing via letter dated August 11, 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. ZZA19ES AOR 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 di©missal. ADER .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 he filed within fourtreen (14) days of the date of the Evidentiary Decision. i No further aid paid pending a Board of Supervisors appeal. ' i Date: August 26, 1993 Scott G. Clayton Social Service Appeals officer SGC:gs Post-It"'brand fax transmittal memo 7671F o1 pages . Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Marrtinez,California 94553-4068 Director County 8/11/93 STONEY MOUTON 30 Muir Road Martinez, CA 94553 Re: 448138 EW: A4AB Filing Date: 8/02/93 Dear STONEY MOUTON 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: 8/25/93 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 SGC:gs IO�TICE OF PROPOSED ACTION COUNTY OF GA 239 H NE NERAt-A-SISTANCE AM CONTRA COSTA -6 (� DEL.4193 D Iln Q NOTICE DATE Q7—j9-93 A4AB R CASE NAME MOUTON STONEY NUMBER 09-0448138-00-0 JUL 3 0 1993 WORKER NAME S RILEY SOCIAL sERVICE pEpA NUMBER A4AB 40lvt#CLr pApRTA"ENT TELEPHONE 313-1954 MARtfIY�,CA94553 ADDRESS 30 MUIR ROAD MARTINEZ CA 94553 Questions?Ask your Worker. V neve.lte une arsducelk de #$to. llMe a eu cr•esjWer(i) ;ADDRESSEE) un eegiet a fn lee eel Tnf.•(nn rain cue .Inn n1u An bin e4cn (- STONEY MOUTON -1 30 MUIR RD MARTINEZ CALIF 94553 L J YOUR GENERAL ASSISTANCE MILL bE DISCONTINUED EFFECT VE JUL 31 1993 BECAUSE YOU FAILURB ONMBETEYOURORESPChSIBIL+ITIESCE WITHOUT GOOD CAUSE IN THESE SPECIFIC INSTANCES= DATE OF FAILURE (S) NATURE OF FAILURE(S). 7 - BECAUSE OF THESE FAILURES YOU WILL BE INELIGIBLE TO GENERAL ASSISTANCE FOR A PERIOD OF THREE MONTHS. 'p/93 T,y,c u �o /93 IF YCU WISH TO REAPPLY FOR GENERAL ASSISTANCE• YOU MAY AGAIA BE ELIGIBLE. TO AID ON OR AFTER /h 1- 43 DEPENDING UPON YOUR CIRCUMSTANCES AT THAT TIME. ANY FURTHER FAILURE TO MEET THE ELIGIBILITY REQUIREMENTS OF GENERAL ASSISTANCE MAY RESULT IN ANOTHER PERIOD OF INELIGIBILITY. IF YGU HAVE ANY QUESTIONS9 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 EXCUSEOv YOU ARE ENTITLED TO TALK ABOUT THESE THINGS WITH YOUR WORKER OR THE SUPERVISORm, THIS ACTION IS REQUIRED BY THE FOLLOWING LAWS AND/OR REGULATIONS DEPARTMENT MANUAL SECTIONS: 49-102 APPLICATION AND RECEPTION 49-111 OISCONTINUE9 GOCO CAUSES WILLFULNESS AND PERIOD OF INELIGIBILITY 49-210 EMPLOYABLE PROGRAM 51-500 EMPLOYMENT .,SERVICES BOARD RESOLUTION 92/553 IL GA239 DISC— FAILED TO JOEET EMPLOYMENT REW IREMENT PGI 053-1 4 239H(5/87) 071693 H a h i • \ , D .. . 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O L. (�Glac Ir ,Martine: p H. 130S Macdonald Ave.,Richmond Q x. 230 ell . Concord p G. 304S Research Dr.,Richmond Cloned fi ❑ E. 3630 San Pablo Dam Rd.,EI Sob. O V. Sunw Dr., ncord OQ p R. S25 Second Street,Rodeo p F. 330.2Sth Street,Richmond(PIC) 0;1 V YZ .OTHER DEPARTMENTi oOC,fl� MIO Q,P A Q Audita/ControlNr 0 Family Support County AdministrAp p welfare section 13 Q�G DA Nrwsupniom p Risk Man"ement Q Hedth Servim Q Data►roopsinp Service+ ❑ County Counsel O County Hospital Q Probation ❑ Alternate Defender O Ward Q ►urclla " Q County Personnel p CCC Health Plan O O CONCORD WALNUTCIIEEK aKHMOND 1UVENILECOURT C)Central Services p Office of Rmnue Collection Q►uMk Defender Q Antioch Q Public wander O O p It"mond O O Martine: Q OTHER: LU As ❑ Requested %FrEV1jrGOS lypTY NOTE i ❑ Return ❑ Discussed O ❑ Discard Lj O :ile ❑ Approval/Sipnatu COMMENTS OFFICE OF COUNTY ADM FROM: TELEPHONE NUMUR f:: A P P E A L S of 3-1790 s (Rev.642) 1 s mui—wir -A 10 '3111mo 'QEF' — 1 0 — CD _a PR I 1 �� � � F= _ 0 1 • Social Service Department Contra plcal!oroplyto: 40 DOW91-I&QrivO Perfe--to Villarreal /� + Mtarifnez,Cafitprniu 04,553-4068 County, E �ENTIARX HE,l ING NQ'X` � d ' D 8_M B f ;N THL _I A' TER County 007µ4481 38-A4AH J Date of Notice; 7/19/93 1 Mr. Stoney Mouton Date of Action: 7/31/93 ` 30 Muir Rd. Filing Date: 812/93 Martinez, CA 94553 Hearing Date: 8/25/93 Aid Paid Pending? YES i ATEM 'T OP EACTS An Evitentia�ry Hearing was scheduled for August 25, 1993 Claimant was duly notified of the date, time and place of Hearing via letter dated .August 3.11 1993. Claimant fa.il.ed, to appear ' f:ok the Evidentiary Hearing; no postponement was requested. f Department Manual Section 22-300, V, A, 3 Mates that if claimant fails to appear for an Evidentiary Hearing without, previously + ( arranging for a postponement, the• claim may be dismissed. f originally proposed action shall take place immediately uk;. ( dismissal. ORDER .The claim is dismissed as claimant failed to appear for the Evidentiary nearing. The b.enatits shall be discontinued as propos4ed, in the Notice. ;If you are dissatisfied with the order of this Decisic may appeal the matter directly to the Contra Costa County d of Supervisors. Appeals must; be filed in writing with the clerk of +-,.e 1 :1, 551 Pine Street, Martinez, 94553 . Appoal.s must be filc, -iithin fourtreen .(14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal- 0 Date: August 26, 1993 Scott G. Clayton Social Service Appeals Officer f I scc.g�5 Post-it"'brand fax tranw)iftal rriemo 7671 a Ur pranr,a r �+q iapt. � ._...,�.........,.. Phone Fax#� Fax M .