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Home My WebLink AboutMINUTES - 10121993 - H.3A FROM: Perfecto Villarreal, Director Social Service Department DATE: October 12, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY LAWRENCE MATHENIA SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Lawrence Mathenia's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on August 13, 1993. The. Hearing was scheduled for September 7, 1993. The claimant did not appear for the hearing, and the claim was dismissed. Signature: - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON October 12 , 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 Lawrence Mathenia. Jewel Mansapit, General Assistance Program Analyst, presented the staff recommendation and report on the appeal . Lawrence Mathenia, appellant, did not appear to testify. IT IS BY THE BOARD ORDERED that the above recommendation, is APPROVED; and the appeal from the General Assistance Evidentiary Hearing Decision by Lawrence Mathenia is DENIED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT IV ) 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 Department Program Analyst ATTESTED October 12 , 1993 Appeals Unit PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel County Administrator SUPERVI RS D CO TY ADMINISTRATOR Lawrence Mathenia BY Ulm DEPUTY Social Service Departont Contra Please reply to 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County :E I 8/25/93 -1 os _ � �ov� LAWRENCE MATHENIA 274 Summerfield Dr. Pittsburg, CA 94565 Re: 460972 EW: C4FE Filing Date: 8/13/93 Dear LAWRENCE MATHENIA We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 4545 Delta Fair Blvd. Antioch, CA 94509 Date: 9/07/93 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 KQ/nf / Contra Costa Counvj• ROUTE SLIP Socio!Service Department i TO:CL ,,,_I�Aj �j n CW 6 „ PCN: DATE: Please Check CorrectAddress ❑ A. 30 Muir Road, Martinez ❑ z. 40 Douglas Dr.,Martinez ❑ Administration ❑ M. 2500 Alhambra Ave.,Martinez EI Area Agency on Aging ❑ c. 4545 Delta Fair,Antioch ❑ E] w. 3431 Macdonald Ave.,Rich. ❑ L. 100 Glacier Dr., Martinez (Lion's Gate) ❑ H. 1305 Macdonald Ave-Richmond ❑ x. 2301 Stanwell Dr.,Concord ❑ G. 3045 Research Dr., Richmond (Centralized Closed Files) ❑ E. 3630 San Pablo Dam Rd., EI Sob. ❑ Y. 2450 A Stanwell Dr.,Concord (YIACT) ❑ F. 330-25th Street, Richmond(PIC) ❑ OTHER DEPARTMENTS MARTINEZ ❑ Auditor/Controller ❑ DA Family Support ❑ County Administrator ❑ Welfare Section p ❑ DA Investigations ❑ Risk Management ❑ Health Services ❑ Data Processing Services ❑ County Counsel ❑ County Hospital ❑ Probation ❑ Alternate Defender ❑ Ward ❑ P asjng e ❑ County Personnel ❑ CCC Health Plan ❑ x K �l.,d O�t CONCORD WALNUT CREEK RICHMOND JUVENILE COURT ❑Central Services []Office of Revenue Collection ❑Public Defender ❑ Antioch ❑Public Defender ❑ ❑ ❑ Richmond ❑ ❑ Martinez ❑ OTHER: AS ❑ Requested FOR ❑ Necessary Action NOTE & ❑ Return ❑ Discussed ❑ Information ❑ Discard ❑ Recommendation ❑ File ❑ Approval/signature COMMENTS FROM: PCN: TELEPHONE NUMBER ClAeems— 3 - 177 o R 2(Rev 6/92) SEE REVERSE FOR ADDITIONAL COMMENTS CLERK OF THE- BOARD Inter-Office Memo TO: Social Services Department DATE: October 1, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerkly SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Lawrence Mathenia 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 12, 1993 . Attachment cc : Board members County Administrator County Counsel • Phil Batchelor Contra The Board of SupervIors Clerk of the Board t and County Administration Building Costa County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,list District Jeff Smith,2nd District SE.L Gayle Bishop,3rd District Sunne Wright McPeak 4th District . . Tom Torlakson,5th District ST'S CO-6s" October 1, 1993 Mr. Lawrence Mathenia 274 Summerfield Drive Pittsburg, CA 94565 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 12, 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 Admin' tra r By n Cervelli, 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 COUNTY,CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlekson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None 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 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. 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.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, RrcnYTmnw vimmrR OZAmd (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 closed,unless the Department mctends 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 materials at least one week before the date set for the Board hearing.New material must be served by mail on the opposing party. 20S. (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 Depa:%ment'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 next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUTION NUMBER 92/!54 - ! 0 206. 'y (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 orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal hearing. 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 after bearing or take the appeal under submission. y ans r+�y true rnd comet a"10 en elCtion w"M Ww a wed on we W*0A e d IAs loan!d on 1tM de»* ft 2. A L wvw ward Comm Of VW � AA tW 00 .OrDuty RESOLUTION NUMBER 92/ LrL4 x"-20-� � J Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto VillarrealCo Costa Martinez,California 94553-406 Director . J EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 460972 C4FE Date of Notice: 8/05/93 LAWRENCE MATHENIA Date of Action: 4/30/93 274 Summerfield Dr. Filing Date: 8/13/93 Hearing Date: 9/07/93 Pittsburg, CA 94565 Aid Paid Pending? N STATEMENT OF FACTS An Evidentiary Hearing was .scheduled -far- „9/07/93 . - C'ai^a^t ::Tac duly - notified of the date, time and place of Hearing via letter on 8/25/93 . 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 n DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 9/08/93 Kate Quisenberry Social Service Appeals Officer KQ/nf . , /� 1 � �-r iii � /l; � � i �- �� /,►� r �- � r ♦ � J/, tf,,,; i � '� r ,r �' tf� r , i � ♦` � � ,� r' s j � l � � • , Social Service Depalment Please reply to: Contra llr 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director III ]I. C. "1. ��.8._........0 'o SrA cooN EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 460972 C4FE Date of Notice: 8/05/93 LAWRENCE MATHENIA Date of Action: 4/30/93 274 Summerfield Dr. Filing Date: 8/13/93 Hearing Date: 9/07/93 Pittsburg, CA 94565 Aid Paid Pending? N STATEMENT `OF FACTS An Evidentiary Hearing. was s_cheldmied--f-or-.-._9./0.7 !93 CIa 1- ` ` notifl.ed' of the date, time and place of Hearing viii letter on 8/25/93 . fir' Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION sx 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 PA7n PENDINIG A DECISIO d BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 9/08/93 Kate Quisenberry Social Service Appeals Officer KQ/nf r. r N Ei..A � N � •~� �l r f N O