HomeMy WebLinkAboutMINUTES - 10121993 - H.3D FROM: Perfecto Villarreal, Director
Social Service Department
DATE: October 12, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY JOHN TUCKER
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SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board grant John Tucker's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on August 14, 1993. The Hearing was
scheduled for September 1, 1993. The claimant did not appear for the hearing,
and the claim was dismissed. The claimant has provided verification that he did
not receive the appointment letter.
Signature:
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ACTION OF BOARD ON nc.tnhPr 1 2 , 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 John Tucker. Jewel Mansapit, General Assistance Program Analyst,
presented the staff recommendation. John 'ducker, the appellant, did
not appear to testify.. IT IS BY THE BOARD ORDERED that the above
recommendation ils APPROVED; and the appeal from the General Assistance
Evidentiary Hearing Decision by John Tucker is GRANTED.
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
CC: Social Service Department SUPERVISORS ON THE DATE SHOWN.
Program Analyst
Appeals Unit ATTESTED October 12 , 1993
County Counsel
County Administrator PHIL BATCHELOR CLERK OF THE BOARD OF
John Tucker SUPER RS D COU ADMINISTRATOR
BY , DEPUTY
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 Clerk
SUBJECT:Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed By John Tucker
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
0
l�
The Board of Su er � Contra ClerPhik
Rahe Boar
p ��rJ • Clerk of the Board
/�
and
County Administration Building Costa County Administrator
651 Pine St., Room 106 (510)646-2371
Martinez, California 94553 County
Tom Powers,1st District
Jelf Smith,2nd District
sE t
Gayle Bishop,3rd District
Sunne Wright McPeak,4th District .. .••
Tom Torlakson,5th District
n. ;Q
� � - •tee
sra,c6u`Nt'i
October 1, 1993
Mr. John Tucker
4639 Pacheco Boulevard
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 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
Admir*Ltror � t
By o
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 COUNTY,CALIFORNIA
Adopted this Order on August 4, 1992 by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson, Weak
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
:sssssssssss:ssssssssssss=sss=ss===sssssss=====______
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
hearing 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-?tearing 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 tbe'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,
,vrc^i-Trnn%, vTTL=ro a,)RCA
(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 nunds 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 carne.
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 bave 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 furtber 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 cmecdve action.
204. Both the appellant and the Department must file all written materials at kast one week before
the date set for the Board bearing.New material must be served by mail on the opposing 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 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 am step without considering fact questions.The parties may stipulate to an agreed set of
Paas.
RESOLLMON NUMBER 92/55
. 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 sbaU 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 an appeal immediately after bearing or take the appeal under
xsubmission.
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RESOLUTION NUMBER 92/ 554
DISCOVERY HOUSE
4639 Pacheco Blvd.
Martinez, CA 94553
(510) 229-4212
September 20, 1993
Ken Adams
Contra Costa County
Social Services Department
40 Douglas Drive
Martinez, California 94553-4068
RE: John Tucker
Dear Mr. Adams,
This letter is written to verify that we did not receive the
notification of the evidentiary hearing schedule for September 1,
1993. I know this to be true because, being John's counselor, all
his mail first comes through me before being forwarded to John
himself.
If you have any further questions, please feel free to contact
me at the above number.
Th
zc,�
Clyde Rude
Substance Abuse Counselor
A program of Contra Costa County Health Services Department
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Please
Social Service Department Contra40
ouglas Drive
Perfecto Villarreal Costa
Mart nez,California 94553-4068
Director
County
...........
co _ cTy
SrA'C'--•Kr
EVIDENTIARY HEARING DE NOTICE OF DISMISSAL
IN THE MATTER OF: County #07-412463-A4CK
Date of Notice:
Mr. John Tucker Date of Action:
4639 Pachech Blvd. Filing Date: 8/14/93
Martinez, CA 94553 Hearing Date: 9/1/93
Aid Paid Pending? NO
STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for September 1, 1993.
Claimant was duly notified of the date, time and place of Hearing
via letter dated August 19, 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 iXA upon
dismissal.
ORDER
The claim is dismissed as claimant failed to ' a pear` thei
Evidentiary Hearing. The benefits shall be 'AiS.Cjlt?�AliE'�1_ as;
proposed in the Notice. ta4*:�"
If you are dissatisfied with the order of this Decision you may
appeal thematter 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: September 13, 1993 Ken Adams
Social Service Appeals Officer
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The undersigned grantor(e) deet e);
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( ) computed on full value of property conveyed, or
( ) computed on full value le9a value of liens,and encumbrances remaining at time of sale.
Unincorporated areal ( )City of I and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
htreby REMISE(S), RELEASE(S) AND FDREVER QUITCLAIMM t-
j_0H N C T\ACk C K h
the following described real property in the C I ry O—F 56V County of
State of California:
LOT r Al J b THE w C57' 1/2- 0 F L OT ) 2, , IN BLOCK 01
1)S S NC)W V vN Me 11,10P OF Cwt C-e l-C
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Dated
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STATE OF CALIFORNIA b � lSS.
COUNTY OFr.
On ...`...'h�e — 1 before me, the under-
signed. a Nottry PWIc In and for said State, personally appeared
egnnG -Tvc �
known to me
to be the person_ whose name S subscribed 10 the within John P.Anderson .
instrument sad acknowledged that executed {h4 Nm • U Comm.a1g5A
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WITNESS my hand and oi5cial seat. CA cd �Y' A U"0l rilM (7 cONTRABLIC OUttTY lJ
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Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
Patricia A. Griffin
1715 California Ave.
San Pablo, Ca. 94806
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: The undersigned gtantor(s)declare(s):
SAME CITY TRANSFER TAXIS: S n
DOCUMENTARY TRANSFER TAXIS: $
SURVEY MONUMENT PRESERVATION FUND IS: $
.....Computed on the consideration or value of property conveyed;OR
.....Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
A. P. #► 410-152-010
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt-of which is hereby acknowledged,
John Tucker
hereby GRANT(S) to
Randy V. Griffin and Patricia A. Griffin, husband and
wife, as joint tenants
the real property in the City of San Pablo
County of Contra Costa , State of California,described as
Lot 21 and the West 2 of Lot 22, in Block 20, as shown on the Map of
Emeric subdivision Map No. 2, filed May 21 , 1908 , in Book 1 of Maps ,
page 21 , in the office of the County Recorders of Contra Costa County.
Dated Sept. 17, 1993
I
STATE OF CALIFORNIA
COUNTY OF Contra Costa I
On Sept. 17, 1993 John Tucker
before me,the undersigned,a Notary Public in and for
said State, personally appeared
personally known to me(or proved to me on the basis of
satisfactory evidence)to be the persowhose name() John P.Anderson
n
Comm.8950653
isle subscribed to the within Instrument and ® OTARY PUS 0.CAUFORMIA
CONTRA COSTA CWINTY
acknowledged to me that helskee/they executed the same. Mr comm.Expires Feb.2t,me-
WITNESS my hand and official seal.
Signature (This area for official notarial teal)
Jahn P. Anderson FORM#4280(Rev.3/85)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
N. � •
Recorded at the request of
Return to
JOHN TUCKER
5535 Riverside
San Pablo, Ca. 94806
Escrow No.
GRANT DEED
The undersigned grantor(s) declare (s):
Documentary transfer tax is S —0—
( ) computed on full value of property conve�ed,or
( ) computed on full valueless value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of ,and
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
DOROTHY E. MITCHELL, a widow
hereby GRANT(S)to
JOHN TUCKER AND DEANNA TUCKER, husband and wife, as joint tenants
the following described real property in the City of Richmond
County of Contra Csota ,State of California:
Lot 21 and the west 1/2 of Lot 22, in Block 20, as shown on the Map of Emeric
Subdivision Map No. 2, filed May 4, 1908, in Book 1 of Maps, page 21, in the office
of the County Recorder of Contra Costa County.
APN: 410-152-010
THIS DEED IS BEING RECORDED TO CORRECT LEGAL DESCRIPTION IN DEED RECORDED IN
BOOK133 .:
Dated MARCH 22 19 91
DOROTHY E. MITCHELL
FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA t
OFFICIAL SEAL
COUNTY OF CONTRA COSTA S ss.
E. J. RUSH On MARCH 22, 1„991 before me,
NOTARY PUBLIC-CALIFORNIA the undersigned,a Nota
PRINCIPAL OFFICE IN gn Notary Public in and for said County and
CONTRA COSTA COUNTY State,personally appeared DOROTHY E. MITCHELL
My Commission Expires March 7,1995
known to me (or proved to me on the basis of satisfactory
MAIL TAX STATEMENTS TO evidence) t0 be the person (s) whose name (s) is/are subs-
SAME AS ABOVE cribed to the within Instrument, and acknowledged to me
that SHE exec ed the sa
Signature
E. J. RUSH
Name (Typed or Printed)
NORTHWESTERN TITLE COMPANY
DISCOVERY HOUSE
4639 Pacheco Blvd.
Martinez, CA 94553
(510) 229-4212
September 20, 1993
Ken Adams
Contra Costa County
Social Services Department
40 Douglas Drive
Martinez, California 94553-4068
RE: John Tucker
Dear Mr. Adams,
This letter is written to verify that we did not receive the
notification of the evidentiary hearing schedule for September 1,
1993 . I know this to be true because, being John's counselor, all
his mail first comes through me before being forwarded to John
himself.
If you have any further questions, please feel free to contact
me at the .above number.
Th k You,
zc-��
Clyde Rude
Substance Abuse Counselor
gy 77(,e-- ( UFXK,0
0r-- CCr- ( 41V fu P t=PtA r
A program of Contra Costa County Health Services Department
1
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 Clerk 6V
SUBJECT:Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed By John Tucker
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
The Board of SupervArs Contra • CetrktoftthehBoard
and
County Administration BuildingCOSta County Administrator
651 Pine St., Room 106 15101646-2371
Martinez, California 94553 County
Tom Powers,1st District
Jeff Smith,2nd District
Gayle Bishop,3rd District
Sunne Wright McPeak 4th District t
Tom Tortakson,5th District '�J
October 1, 1993
Mr. John Tucker
4639 Pacheco Boulevard
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 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' tr or
By
n Cerve i, Deputy Clerk
Enclosure
CC : Board Members
Social Service Department
Attn: Appeals and Complaints
Program Analyst
County Counsel
County Administrator
,t 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, Weak
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
sasssssssss=ssssssssssssssss========ssssss==s==a==___
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:
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 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 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,
(b) mandatory court appearance whicb cannot be accommodated by adjusting the bearing time,
t°
(c) illness which prevents travel,
(d) death in the immediate family,
(e) other substantial and oompelling 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 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 w 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-
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 aper 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. s
(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 clainoant, 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 kart one week before
the date set for the Board hearing.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.This 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
fags.
RESOLUTION NUM3ER 92/3_
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 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 after bearing or take the appeal under
Ksubmission.
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RESOLU`nON NUMBER 92/ 554
DISCOVERY HOUSE
4639 Pacheco Blvd.
Martinez, CA 94553
(510) 229-4212
September 20, 1993
Ken Adams
Contra Costa County
Social Services Department
40 Douglas Drive
Martinez, California 94553-4068
RE: John Tucker
Dear Mr. Adams,
This letter is written to verify that we did not receive the
notification of the evidentiary hearing schedule for September 1,
1993 . I know this to be true because, being John's counselor, all
his mail first comes through me before being forwarded to John
himself.
If you have any further questions, please feel free to contact
me at the above number.
Tha�C
Clyde Rude
Substance Abuse Counselor
A program of Contra Costa County Health Services Department
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Social Service Department Contra
40 Douglas Drive
Perfecto Villarreal Costa
Martinez,California 94553-4068
s
Director s
County
W"11 s
EVIDENTIARY HEARING DE NOTICE OF DISMISSAL
IN THE MATTER OF: County #07-412463-A4CK
Date of Notice:
Mr. John Tucker Date of Action:
4639 Pachech Blvd. Filing Date: 8/14/93
Martinez, CA 94553 Hearing Date: 9/1/93
Aid Paid Pending? NO
STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for September 1, 1993.
Claimant was duly notified of the date, time and place of Hearing
via letter dated August 19, 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 ice" upon!
dismissal. _
ORDER
The claim is dismissed as claimant failed to ' a dr-` t'ff the
Evidentiary Hearing. The benefits shall ber,watiiuiel3_t as'
proposed in the Notice. "vv-
If
="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: September 13, 1993 Ken Adams
Social Service Appeals Officer
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Please reply to: {
Social Service DepartlRent Contra
40 Douglas Drive
Perfecto Villarreal Costa
Martinez,California 94553-4068
Director
County
8 L
A.
EVIDENTIARY HEARING DE NOTICE OF DISMISSAL
IN THE MATTER OF: County #07-412463-A4CK
Date of Notice:
Mr. John Tucker Date of Action:
4639 Pachech Blvd. Filing Date: 8/14/93
Martinez, CA 94553 Hearing Date: 9/1/93
Aid Paid Pending? NO
.", . STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for September 1, 1993 .
Claimant. was duly notified of the date, time and place of Hearing
via letter dated August 19, 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 placemmed�ia er upo +,
dismissal.
ORDER
The claim is dismissed as claimant failed to appear o the
Evidentiary Hearing. ll
The benefits shall be Uiscon j-nu.ed;,i_ asr
proposed in the Notice.. f� 3�
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.
A
No further aid paid pending a Board of Supervisors appeal.
Date: September 13, 1993 Ken Adams
Social Service Appeals Officer
KA:gs
n
f> j
DISCOVERY HOUSE
4639 Pacheco Blvd.
Martinez, CA 94553
(510) 229-4212
September 20, 1993
Ken Adams
Contra Costa County
Social Services Department
40 Douglas Drive
Martinez, California 94553-4068
RE: John Tucker
Dear Mr. Adams,
This letter is written to verify that we did not receive the
notification of the evidentiary hearing schedule for September 1,
1993 . I know this to be true because, being John's counselor, all
his mail first comes through me before being forwarded to John
himself.
If you have any further questions, please feel free to contact
me at the above number.
Th
Clyde Rude
Substance Abuse Counselor
i
A program of Contra Costa County Health Services Department