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HomeMy WebLinkAboutMINUTES - 10191993 - H.2 FROM: Perfecto Villarreal, Director Social Service Department DATE: October 19, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY WANDA CHAPPELL SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Wanda Chappell's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on August 13, 1993. The Hearing was scheduled for September 9, 1993. The claimant did not appear for the hearing, and the claim was dismissed. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON OCT 19 1993 APPROVED AS RECOMMENDED OTHER x This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing of the appeal of Wanda Chappell from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the appeal , and informed the Board that Ms. Chappell requested her hearing be rescheduled and provided verification that was acceptable. The Department requested that the Board grant Ms. Chappell 's appeal . IT IS BY THE BOARD ORDERED that the appeal of Wanda Chappell from the General Assistance Evidentiary hearing decision is GRANTED. 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 OCT 19 1993. cc: Social Service Dept. PHIL BATCHELOR, CLERK OF THE BOARD OF Program Analyst SUPERVISORS AND COUNTY ADMINISTRATOR Appeals Unit County Counsel County Administrator BY , DEPUTY Wanda Chappell . � }fin Social Service Department lent Contra Cour Please reply to: Perfecto Villarreal "����� 40 Doug;as Drive Director Martinez.California 94553-4068 County 8/27/93 WANDA CHAPPELL 139 So. 13th St. Richmond, CA 94804 Re: 414425 EW: W4NA Filing Date: 8/13/93 Dear WANDA CHAPPELL We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 1305 Macdonald Ave. Richmond, CA 94801 Date: 9/09/93 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 Heating. 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 RM:gs 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 Wanda Chappell 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 19, 1993 . Attachment CC : Board members County Administrator County Counsel • . The Board. of Supervars Contra • Phil Batchelor Clerk of the Board and County Administration BuildingCota County Administrator Costa 651 Pine St., Room 106 J (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District sE L Gayle Bishop,3rd District Sunne MMght McPeak 4th District Tom Torlskson,5th District Tj CO UKP October 1, 1993 Wanda Chappell 139 So. 13th Street Richmond, CA 94804 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 15 p.m. on Tuesday, October .19, 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 110r - By o Ann 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 Mowing vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None ssssssssssssssssssssssssssssss=sssssasass=s=s===s===- 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 sball 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 hearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the.notice is presumed to have been mailed on the date it bears, and a request for a hearing 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 hearing 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 baud 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 u►ritten 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•bea*review. (a) Proposed prebeariag resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. U 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, wrcr%T Trunk, %?TTLmrs 01 ace (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- hearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse hearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors%%ithin fourteen days after the decision has been mailed to the claimam Absent evidence showing the contrary, a hearing 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 hearing. R (b) The appeal will be scheduled for the fust 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. ti (a) If the Director supports the hearing 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 perk 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 wock 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 U 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 Paas. RESOLLMON NUMZER 92J3S 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&hall 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 Ksubmissian. � an�hMr+&wr.00 sa"°+. WArAfMaah .n .ctio%irks% Unci SWWW oft aoary Of GWW*M OM A"OTE#D q.SATCMU4R,CNbard+ rl iupavMon.ed Cowry � RESOLUTION NUMBER 92/ 554 Social Service Department Contra please reply to: Perfecto Villarreal � � 40 Douglas Drive Director Martinez,California 94553-406S County fQ-. 1.1ty� rr�coc�t' EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 414425 W4NA Date of Notice: WANDA CHAPPELL Date of Action: J / Filing Date: 8/13/93 139 So. 13th St. Hearing Date: 9/09/93 Richmond, CA 94804 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 9/09/93. Claimant was duly notified of the date, time and place of Hearing via letter on 8/27/93. 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 A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 9/17/93 Social Service Appeals Officer , rm:sls r U) 0 o 'O =_ - iF 10 m m �i) �-• O O t "i 4, mm MC T � I I \ \ \ 'mr V L! W GJ =-i =S 0 m m n !T T•: '0 �! VVV 3 utr ?I [.1 0 - 0 i7 m z' COD T 00 J cl is (Jed V • L L • • v .J �J T r In pn 0 • (_ O • m G 0f ( ( - C) • / coo '�oo D © C t. HN - -- _— - - - --------- x w _,•: n c j''j D CR W .P . . 000 !:" C I 0 '11 r'i pn APr-� •yt z z k-i U3 - �++ C n t? z' ✓'t11 z �i •,; n I E ° A -P4 W w -0 Nj 0orrC' - - - -- ° Dm z =;3;C, O • l.. \-- • • '.: Li �J `: �s u i.7 m flf -�+(A Ln m 3 -n (j1 0 -' N �nVzoa zIn z l �i • ' i = c rd t• V El >: -+ 03 Cl � nr•• _) nC O (I - �i • -i �.. �_; • • `i i5 u �: ,J _l ��; o e= Cl A J n +, O D Ii m • z • j f_' a COQ C 004 � � � J � JJ ;1C `.� , _ J► �_l �JC� 1 C3 • L C: • • J 004J 0 .4 af 00 ( ( , (- 00 ' ION was } NAS} � aA�(SC A N �4 _-D -T�E br - &F QVC- SIA] t4 u (A- 44 ►� wry `7"f . AKb ) r 116(lc �t4f�Iv I fuJA 'Mb T J 004 co ( ue CO (: C C CCL :� s JJ :� J � JJJJJ • • • r.. A i• C Coll c� �. E_: • JJJJJ c � :� A�6 1 S c01 � Q Al tO Y t4t-A Et TJ C, � 1 OA 4. 00 00 ) 00 C O ( 1 C C C. • 4 `D :) J J J ' 0 J. J J ;) _) ) - .) - ) Poo .lie c: • ( C u • : : ( ,; � JJJ � UJJJJJ _ ) - ) C: O (IC U • 1 C - : �; :� �jJJJJJ • JJJJ __) _ ) ) Ci • ( C • • C ,� JJJJJ. • JJJJJ ._)C CCCG` JJ - — ——_._ - �� a !► �r _� w "o .r O • f �'.• C �.. _ • • � .; -LIP JZ in O • C t cool J :) j AN lAne q 3 Via; -H rias jo l�3 OW � • • L © U L CCC' ::`:;t : ;; JJJJJ � JJJJJJ .... . ... .. eop�r :V\AAO� rtiE--sa t- ckpl- �-� ur IN __.. CA t 1U GJ6, r lam. L PATIENT GUARANTOR INSURANCE POLICY NO. WANDIA CHPIPF'ELL Wr=;NRJA CFiAPFfELI._ SUB inir=tNEiA C-1HAi=`I=`ELi DATE OF BIRTH SEX F ADM. DISCH. DIAGNOSIS V7!-..'. 5, 9. W 4 v ) EMP t Cab ado C m� ftVMUW & 90mum "f"!^30!FIS SMITH, M»D., REFERRING PHYSICIAN n •Iii._L FlA ME'll'IT LiU .d WE DID NDT BILL YOUR INSMPCE. USE THIS BIL. . TO FILE YOUR CLAIM — 1:?UESTION`"-a? CALL EX-1" 39 r , i 09/08/ y E l(tl a;a til N(wIF1L BONES 3-4-V '+.tea it0t"2. 00 08,/C)S!Cl" F 71.020210 HEST TWO VIEWS � 37. 00 7T. 00) WEST CONTRA COSTA 09/11/93 CYT 7026(--)26�.,k UL.L_ 4+v 4. 0cj 133. 00 1=tiF' D o MED. f,RP n 7 :I f\V I I F Oo S=OX 5`1i1 E-ritn' L.E:AINDIRO, uf? 94c7,r F'nOJ: Z 19:I.'454:' �V o PAYMENT DUE ON RECEIPT 1 Neep this portion for TAX purposes. IRS# 9-4-11 7,-'--,,0 r 7-35 SEE REVERSE SIDE FUDLO&W ODM 7 4a0@ GJNOO U V � "'33" 00 YOUR CANCELLED CHECK IS YOUR RECEIPT 9 t�o 'J www t i 1 -- w Q > �Q Lu C LU -s> C� Social Service Department Contra Please reply to: Perfecto Villarreal4040 Douglas Drive Director Martinez,California 94553-4068 County Coo" EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 414425 W4NA Date of Notice: WANDA CHAPPELL Date of Action: Filing Date: 8/13/93 139 So. 13th St, Hearing Date: 9/09/93 Richmond, CA 94804 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary. Hearing was scheduled for 9/09/93. Claimant was duly notified of the date, time and place of Hearing via letter on 8/27/93. 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 A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. . Date: 9/17/93 Social Service Appeals Officer rm:sls FROM: Perfecto Villarreal, Director Social Service Department DATE: October 19, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY CHRISTOPHER MYERS SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Christopher Myers' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on July 23, 1993. The Hearing was scheduled for August 26, 1993. The claim was denied. Signature: ACTION OF BOARD ON October 19, 1993 APPROVED AS RECOMMENDED X OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of Christopher Myers from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, General Assistance Program Analyst, appeared. The appellant did not appear. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED. VOTE OF SUPERVISORS: XX 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 19, 1993 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ' DEPUTY cc: Social Service Dept. Program Analyst Appeals Unit County Counsel County Administrator Christopher Myers • 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 w SUBJECT:Hearing on Appeal from Administrative Decision Rendered . on General Assistance Benefits Filed By Christopher Myers 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' 19, 1993 . Attachment CC : Board members County Administrator County Counsel The Board of Supervisors Contra Ce'rkloltthehBoard and County Administration BuildingCota County Administrator Costa 651 Pine St., Room 106 J (510)646-2371 Martinez, California 94553 County Tom Powers,list District Jeff Smith,2nd District Gayle Bishop,3rd District Sunne Wright McPeak 4th District Tom Torlakson,5th District �r� V ST"� COUt�� October 1, 1993 Mr. Christopher Myers 69 West MacDonald Avenue Richmond, CA 94804 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 15 p.m. on Tuesday, October 19, 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 orAK By 'KAn Cerve li, 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 Angust 4, 1992 by the following vote: AYES: Supervisors fanden, Schroder, Torlakson, McPeak NOES: None ABSENT.- Supervisor Powers ABSTAIN: None :s==saa=asa=s=as=aaa==aaa=====_____===a=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 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. (8) 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, (b) mandatory coup 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 s 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%%thin 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) ?be 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 Beast one week before the dau set for the Board hearing.New material must be served by mall 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) B 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. RESOLUTION NUlfv13ER 92/554 206. '. (a) Once the facts are determined,or if there are no fact determinations required by the appeal, • the Board will consider legal issues presented by the appeal.Legal issues are to be framed, insofar as possible,before the Hearing and 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. TLe Board may decide an appeal immediately after Learing or take the appeal under ,.submission. W"1W hr t,.WO W+d W1atw eopy a of Ink", W4 a" VW V*W"$ a cera a ar.soars AOWAW t°' RESOLUTION NUMBER 92j 554 YOUR 14,�AMNG RIGHTS . To Ask For a State Hearing . HOW TO ASK FOR A STATE HEARING The best way to ask for a hearing is to fill out this page and send or take The right side of this sheet tells how. it to: • You only have 90 days to ask for a hearing. Office of Appeals Coordinator • The 90 days started the day after we mailed this notice. 40 Douglas Drive Martinez,CA 94553 4068 • You have a much shorter time to ask for a hearing if you want to keep your same benefits. You may also call 1-800-952-5253. ( ( a— rIlei t, To Keep Your Same Benefits While You Wait For a Hearing « , 4.4••, HEARING REQUEST You rrilist ask for a Nearingbefore the action lakes place." ' . ; " `" • Your Cash Aid will stay the carne unfit four hearing. f want a hearing because of an action the 1Nglfprp pepartment A ='2 ., of �,� County about my: • Your Medi-Cal will stay the same until your hearing. ��JJ'�� • Your Food Stamps will stay the same until the hearing or the end of lam.( Cash Aid ❑ Food Stamps ❑ Medi-Cal your certification period,whichever is earlier. q. t ❑ Other(list) • If the hearing decision says we are right,you will owe us for any extra cash aid or food stamps you got. ; ` i ,Here's w ` r age, ��n V To Have Your Benefits Gut Now If you want your Cash Aid or Food Stamps cut whim you wait for-a.. ^T� �� - ;• hearing,check one or batt~boxes. - _ l�Cash Aid C.�Food Stamps -. _! x.To*Get Help You can ash about your hearing•rights,.or free legal aid at the state _ `` �.!— �� • i �" information number. j�/ - ♦ y 4 t f t G �__L_t,av 4 tv c�i'7-t_ 14 Call toll free: 1-800-952-5253 C �p f Old A youiare deaf and use TDD call: L • 1-1800-952-8349 If yoy don't want to came to the hearing along,yqu,can bring a friend, an attorney or anyone else. You must get the other person yourself. errlA t 1,4 You..may geA free legal help @t your I"al Ieg4 aid office or welfare rights group. e¢fS P eo/l r Contra Costa LQgat SBrvices Foundation I will bring this person to the hearing to help me Central East West (name and address,it known): . Call'b72-8209 Call 439-9166 - Call 233-9954 - Other Information Child Support: The District Attorney's office will help you collect child support even if Jym are trot on chsh aid.There is no cost for this help. !t they now collect child-suWqrt for you,;Ihey will keep doing so unless you tell them in writing to stop.They will send you any current support 1 need an interpreter at no cost money collected.They will keep past due money collected that is owed to me.My language or dialect is: to the county. My name: Family Planning: Your welfare office will give you information when you ask. Address: Hearing File: If you ask for a hearing.th)State Hearing Office will set up a file. You have the right to see this State may give your a r file to the Welfare Department, the U. rtment of Health and Phone: Human Services and the U.S.Department of Agriculture.(W.8 1.Code Section 10950) My signature Date: _ NA BACK 6(5197) COUNTY OF STATE OF CALIFORNIA NOTICE OF ACTION HEALTH AND WELFARE AGENCY �.,�_. CONTRA COSTA- �,,,� DEPARTMENT OF SOCIAL SERVICES aiafica au y,� :09-17-93 M4NH C� re'k 0 ! 5 Nerne :MYERS CHRI STOPHE R �c,u1se c.� ,1 f��..e. to .��� � �� _�,.` '09-0�5oi��-oo-0 wNm* :J CRAWFORD E? ves fel Q, MZnbW :W4NH Tai.c mns :374-3434 r Aar :3431 MACDONALD AVENUE A44x e6 RICHMOND CA 94605 t Ouestions?Ask your Worker. 1-0 +�y� '. ...J�^/j S! esesaita un*tradvaaibn da fato. llra a so trabayador(a) ODMESSEE) L11F4"_+ I W l •' ` r Q`r lin$nS/et ufn lee vA Thfa!}na Tils *as slab nr)u eCn bin 04th CHRISTOPHER MYERS 69 WEST MCOONALO State Hearing: K you think this action is wrong, you R ICHMOND s CA 94804 can ask for a hearing.The back of this page tells how. Your benefits may not be changed if you ask for a hearing before this action takes place. YOUR FOOD STAMPS BENEFITS` ARE CHANGED TO $112«00 BECAUSE= II) YOUR MONTHLY INCOME WENT `DOWN9 OR (2) THE NUMBER OF PEOPLE IN YOUR HOUSEHOLD WENT UP, OR (3) YOUR HOUSEHOLO NS EXPENSES CHANGED, OR ' t4') A COMBINATION OF REASONS (1)9(2) AND YOUR FOOD STAMP COMPUTATION WILL. SHOW YOU THE INCOME WE USED-P HOW MANY PEOPLE IN YOUR HOUSEHOLD WE COUNTED♦ AND THE EXPENSES WE ALLOWED. ' ' YOUR FOOD STAMP BENEFITS HAVE BEEN COMPUTED AS FOLLOWS•. # THE EXCESS SHELTER COST DEDUCTION CANNOT EXCEED. $207.00« F000 STAMP BUDGET SUMMARY FOR 10/93 TOTAL GROSS EARNINGS .00 THRIFTY FOOD Pi`AN 112.00 MONTHLY FOODSTAMP ,ALLOTMENT 112.00 HH TYPE/NUMBER OF PERSONS K 01 -, MAX ALLOWABLE GROSS INCOME 756.00 ADJUSTED GROSS EARNED INCOME .00 ADJUSTED INCOME .00 LESS—EXCFSS SHELTER COSTS * — 200.00 NET MONTHLY INCOME .00 NOTE: THIS CHANGE MAY ALSO BE THE RESULT OF A COST--OF=LIVI1. CHANGE EFFECTIVE I0-1-93o YOU WILL BE RECEIVING A STUFFER MITH YOUR FOOD STAMPS IN OCTOBER WITH MORE INFORMATION. THIS ACTION IS REQUIRED BY THE FOLLOWING LAWS AND/OR REGULATIONS FOOD STAMP !MANUAL SECTION 63-503 EEL.I IBILITYY AND BENEFIT LEVELS OFA . 77.4 INCREASE IN..BENEFITS — INCOME OR HOUSEHnLO CHANGE 690-0 990N(5/67)—� 091693 NA990 N AORDERF failed to provide any verification that he had been m one group to the other or required to wait in the a long period of time. Since the claimant has not good cause reason for missing his GRADS appointment the on to discontinue aid and impose a penalty must be �, -f O Id t'o w 4 t o i+ e it-r The claim is denied. --�- 4.5 �P fv /.p ju,,7 qV►d , oply le, ef -�1 - �Gs r.0 ,?-, uAl1ycv C�• � s �tleis �-s / tie 4 af; a vna/�rsfae ��� Li r,e , , 5� .� O • C. C. C • • � � J :) JJJ � JJJJ , JJ J J _) • • C O ( C� C: O • l_ �) JJJ • JJJJJJ � ) _) • • • O • �fi JJ40JJJJJJ � J � • • C0l ) C_ C Cl • 4 ;: ;. JJJJt` J �) _:) _) ) . ) ._) ) ) ID • CO ( ► c C C • � . ,) JJJJ -JIJJJJ _) _) ) ) 1 • LOUL 04 JJJJUJJJ.J _ � DO Please reply Social Service Department . Contra 40 Douglas D-:e Perfecto Villarreal Costa Martinez.CaWcmia 94553-4068 O.rector County cE t !fit rT'4 COV%� GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Christopher Myers, Claimant County 1:450113-W4NH 69 West Macdonald Ave. Date of County Notice:7-20-93 Richmond, Ca 94804 Effective Date of Action:7-31-93 Filing Date: 7-23-93 Hearing Date:8-26-93 Aid Paid Pending: yes Hearing Officer: Ruby Molinari Income Maintenance Representative: Lee Weikert, IM Supervisor Place of Hearing: Richmond, Ca ISSUE Whether the claimant had good cause for failing a GAADS meeting on -G -30-93. COUNTY ACTION AND POSITION The claimant has received General Assistance intermittently since 2-91. Aid was discontinued effective 11-30-93 as he had missed a GAADS meeting. He reapplied and was seen on 2-9-92. At that time his cooperation requirements were explained to him and .he indicated he understood he must attend all meetings. The claimant was referred to and accepted into the GAADS program. He was scheduled to attend a treatment, planning session on 6-30-93 and failed to appear. The county was notified of his non-appearance on 7-9-93 and proposed discontinuing General Assistance and imposing a three month penalty period for failure to comply with the program requirements. CLAIMANT'S PO�zITION The claimant -estified he appeared for the GRADS appointment two minutes late. When he tried to check in he was told he was not on the list for Room 102 and he should wait in the lobby. He waited ' J for 45 minutes and then asked to speak to a counselor named Max. Max told him he was supposed to be in Room 102 and to continue to wait for some paper work. He waited for another hour and one-half and then was sent to Room 202. The record was left open for the claimant to provide verification that he was in the lobby for over two hours or that he had spoken to Max. No information was received and the record was closed on 9- 2-93. REASON FOR DECISION Department Memorandum No. 193, dated 11/25/91, provides that General Assistance recipients who are referred to the GAADS program must actively and cooperatively participate in the program once a referral has been made. Department Manual Section 49-111,II,F, provides for good cause reasons for failure to cooperate with program requirements. F. Good Cause 1. The reasons which establish good cause for a failure to cooperate or comply are subject to verification and include, but are not limited to, the following: a. employment has been obtained b. scheduled job interview or testing C. mandatory court appearance d. incarceration e. illness f. death in the family g. Other substantial reason. CONCLUSION The claimant failed to provide any verification that he had been changed from one group to the other or required to wait in the lobby for a long period of time. Since the claimant has not presented a good cause reason for missing his GAADS appointment the county action to discontinue aid and impose a penalty must be upheld. ORDER The claim is denied. Social Service Appeals Officer Date Program Manager, Appeals Date If you are dissatisfied with 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, CA, 94553. Appeals must be filed within fourteen (14) days of the date of this Evidentiary Hearing Decision. No further aid paid pending a Board of Supervisors appeal. w 7 Contra Costa County Social Service Department ' GENERAL ASSISTANCE NOTICE OF INTENDED ACTION & RIGHT TO REUE ST AN ❑ 30 Muir Road - 3431 Macdonald Avenue Q Martinet,CA 94553 Richmond,CA 94WS EVIDENTIARY HEARING ❑ 4S4S Delta Fair Blvd. ❑ 1305 Macdonald Avenue Antioch,CA 94509 Richmond,CA 94801 ❑ 2401 Stanwell Drive#200 ❑ 3630 San Pablo Dam Road Concord,CA 94620 EISobiante,CA 94603 ❑ S2S Second Street ❑ Rodeo,CA 94572 ? DATE .�� �0'1 93 CASE NAME �i /�n7 ✓7� fA C11/,P1 /y! E•FS 55i?(0 CASE NUMBER 1510549115 tC.AQ. E YOlx 1'Pa1TriHELQ INrivLMQT1vN IN OCO; Q T,.-3 C`vALif-y Fu t< A LA4G E+= � �IrT ANo P40V I p1.0 FAL-f.L )l-F0f-;MATiv/J Tj A'4010 rA VAADS iFAILVsLTr- I JGA AJ.£ II�tL+ C�I$L`, -To Ut-NtkAL ASS /S7ANLE FvR. SIX MON?1-(S Flom IU - I - 53 THC-a 3 - 31- � � . y�U F� �.�v:A4D FALSE I r•�r c�'►4T/UN C �}tic.ttuffr � �JJUs- - WNe�_Ef\Qj"TTa< E. IJUn')6;-K- OT- lf"tCJPL_ I/.., - f_ }lvv,cfh, 1 E) S y pu W Q.;-: 01, Ply F uj ko E.tjf-"l► ASITAWCE f"\Ay bE 6LC Tu A10 Ow 6i� AFTE,k � 41 EQ ENG it o^x 0" y 11v�� C1,.Lj tr.STANC-ES AT TWAT ?Irnk . THIS ACTION IS REQUIRED BY THE FOLLOWING LAWS AND/OR REGULATIONS: 3 u a n or 5 v i' E r2 J 1 S o tLL S E S%Lr'jJ rJ ./56 3 �M 45 - if 5 -!f you have any question please contact me. ELIGIBILITY WORKER TELEPHONE NUMBER �R41A Lf 3941. 31/3✓ COPY f&2: APPLICANT/RECIPIENT GA 239 1 (New 9,86) COPY 3: IM Case Ade Fastener•6 1. You have the right to a conference with representatives of the Social Service Department to talk about this intended action. At such a conference,you-may speak for yourself or be represented by a lawyer, a friend or other spokesman. If you want a conference,contact your worker within 10 days of the date of this notice. 2. If this notice proposes a discontinuance for failure to meet program requirements you are entitled to an opportunity to establish good cause for the failure. 3. If this notice also proposes a period of ineligibility for failure to meet program requirements you are entitled to a supervisory review of this action and to have an an evaluation made as to the willfulness of the failure. 4. Whether you request a conference or not, you also have the right to request an Evidentiary Hearing and decision. Your request must be written and it must state that you want a hearing and why you are dissatisfied. Your request for a hearing must be made within 30 days of the date of this notice. IF YOU ASK FOR AN EVIDENTIARY HEARING WITHIN 30 DAYS OF THE DATE OF THIS NOTICE AND IF THIS NOTICE PROPOSES A REDUCTION OR TERMINATION OF A GA GRANT THAT YOU ARE NOW RECEIVING,YOUR AID MAY BE CONTINUED UNTIL THE EVIDENTIARY HEARING DECISION HAS BEEN REACHED. 5. Your county worker will help you ask for an Evidentiary Hearing. 6. If the Evidentiary Hearing decision is that you were not entitled to the aid which you were paid, the overpayment may be recovered from you by reducing your welfare grant after the Evidentiary Hearing decision or through other legal means. 7. At an Evidentiary Hearing you have theright to be represented by an attorney or any other person (a friend, relative,or any other spokesman),of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice and the services of a lawyer by contacting the nearest legal services office at: CONTRA COSTA LEGAL SERVICES FOUNDATION from Eastern Contra Costa County from West Contra Costa County Call!439-9166 233-9954 from Central Contra Costa County 372.8209 8. You have the right to request that the Eligibility Worker, the Vocational Counselor, or any staff member who has actual knowledge regarding the issue under appeal be present at the Hearing as a witness. 9. Re3ulations governing Evidentiary Hearings are available at this office of the county welfare department. IF YOU WISH TO REQUEST AN EVIDENTIARY HEARING,WRITE TO. Office of Appeals Coordinator 1340 Arnold Drive N 200 Martinez, to 94553 Please include one copy of this notice with your hearing request and keep the other copy for your records. If you wish to have your worker or other staff person present at the Hearing, please indicate that on your Hearing request. GA 239'44versd 8/85 • Contra Costa County Social Service Department BUDGET WORKSHEET ADDENDUM Case Name Case No. 07- - ENTRY SEQ. EFFECT TYPE COMMENTS/EXPLANATION OF ENTRY ON 278 DATE OF PLUS SIGNATURE & PCN Mo. Da Yr. NO' MONTH TI N Rzxi XAO f� -,e-d Z, /J �1la _ (File der g Worksheet which this applies.) ABCD 158/241X (Rev. 1/80) 0, Ref: D � �� /,� Filer Fastener 3 d,' .e��, ,mac n Contra costa Count; ROUTE Social Service Department TO: PCN: D E: 1-*-Wald i -g3 Please Check Correa Address ❑ A. 30 Muir Road,Martinez ❑ z. 40 Douglas Dr., Martinez ❑ Administration ❑ M. 2500 Alhambra Ave.,Martinez ❑ Area Agency on Aging ❑ c. 4545 Delta Fair,Antioch ❑ r-1 w. 3431 Macdonald Ave.,Rich. E) L. (Lio'sGate r Dr., Martinez ❑ H. 1305 Macdonald Ave.,Richmond ❑ x. 2301 Stanwell Dr.,Concord ❑ G. 3045 Research Dr., Richmond (Centralized Closed Files) E] E. 3630 San Pablo Dam Rd., EI Sob. E] 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 ❑ ❑ DA Investigations ❑ Risk Management ❑ Health Services ❑ Data Processing Services ❑ County Counsel ❑ County Hospital ❑ Probation [3 Alternate Defender ❑ Ward ❑ Pu chasin E] County Personnel E] CCCHealthPlan ❑ r 1�j 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 rROM: PCN: TELEPHONE NUMBER -, 1 R 2(Rev.6/92) SEE REVERSE FOR ADDITIONAL COMMENTS _Youh ANNG RIGHTS To Ask For a State Hearing ' HOW TO ASK FOR A STATE HEARING The best way to ask for a hearing is to fill out this page and send or take The right side of this sheet tells how. it to: O You only have 90 days to ask for a hearing. Office of Appeals Coordinator • The 90 days started the day,after.we mailed this notice. 40 Douglas Drive Martinez,CA 94553.4068 O You have a much shorter time to ask for a hearing if you want to keep your same benefits. You may also call 1-800-952-5253. :, E' .f tr To Keep Your Same Benefits While You Wait For a Hearing HEARING REQUEST You most ask-for a hearing,before the action takes''Olace. s.a= f want a hearing because of an.action by the Welfarc Department O Your Cash Aid will stay the same until your'hearing. of' n194 leaf_ County about my: O Your Medi-Cal will stay the same until your hearing. O Your Food Stamps will stay the same until the hearing or the,end of Cash Aid ❑ Food Stamps ❑ Medi-Cal your certification period,whichever is earlier. ❑ Other(list) O' If the hearing decision says we are right,you will owe us for any.extra cash aid or food stamps you got. Here's MVV Jx To Have Your Benefits Cut'Now If you want.your Cash Aid or Food Stamps cut whiia-you.wait for a,;. e P 1 t- C? Ly _ It ��' Bearing,:check one or -f both boxes., • . ;„_ , =3 Cash Aid ! C3;Fppd Stamps i* :; "..l` .silo Get Help You can ask.about your hearing rights,�or free,legal aid at the,state r 3 + / fl information number. JF Call toll free: 1-800-952-5253 ` ffkyoure deaf and use TDD calf :. '1=806-952=8349 If you don't want to come to the hearing alone,you Fcan bring aJriend,,r of �, ''t d U� an aft may or an one.else.You must other ourself. e/�fCt�r� y'3 y,a...,:i, r:get the s. person y `A 4 ff — You,may:get free legal help at your local legak aid office or welfare i*,__.J rights group. ' gF .>' » . k• e Qts eo?le,-, Contra Costa.Lega4Services Foundation I will bring this person to the 1hllearing to help me Central East West ;. (name and address,if known): , Call"372-8209 Gall 439-9186 Cal[233-9954 j Other Information Child Support: The District Attorney's office will help you collect child support even if,you;are-not on cish aid,There•is no cost for this help. if they�now gpll�ct child'su fiort for you;the will keep doing so unless you tell them-in writing to stop,They will send you any current support 1 need an interpreter at no cost money collected.They will keep past due money-collected that is owed to me.My language or dialect is: to the county. My name: — Family Planning: Your welfare office will give you information when- 71 4 you ask. Address: Hearing File: if you ask for a hearing,the State Hearing Office will set up a file.,You have the fight to see this file. State may give your } f; -�Y�A� file to the Welfare Department, the U.S. epartment of Health and Phone: �� �— r' x�►r Human Services and the 6S.Department of Agriculture.(W.&I.Code .-Section 10950) My signature Date: 9 NA BACK 6(5/87) DEL.1/93 COUNTY OF STATE OF CALIFORNIA NCY NOTICE OF ACTION CONTRA COSTA � HEALTH ENTND OF OCIALSARE ERVI DEPARTMENT OF SOCIAL SERVICES �` Notice Date '�:09-17-73 sg;H ... 1�-.AIS S 1 C Case a�y /�a,� 4 �• g� R v U L C t L ��� 1 -9 //�� Name :09-045"0113-00-0 0 1 ER�Sy, .•,fit* y_._�0 A i+ii X S I T E C, � 1 / / Number :V �TS V 1 7'�3J0 �iJ / v/J Worker Name : 7 CRA WF ORD, zleJf fol- WlNumber :W4NH Telephone :374-3434 Address :3431 'MACDONALD AVENUE RICHMOND-" CA 94805 Questions?Ask your Worker. /py'I��r,, /�/,/�) yJ�LL �// / 1 S1 necesita une troduccl6n de esto, llama a su trsbajador(s) (ADDRESSEE) / v � " �/C ' \ / oV Xin dng/ba 116n l+c vA Thom A}nh YSdn cua m1nh neu c6n bin dlch CMIS TOP LIE It' MYE RS ! ,5ie,,,rw„...ti.rh ea��a am)t ra�e,.yvin.4a0trs..n.wv„*�N•w: 69 NEST MCI?ONALD State Hearing: If you think this action is wrong, you II ICHBflNf � CA 94804 can ask for a hearing.The back of this page tells how. Your benefits may not be changed if you ask for a hearing before this action takes place. YOUR FOOD STAMPS BENEFITS- ARE CHANGEDe`TD $112000 BECAUSE: — (1)• YOU.P i ONT14LY 'INCOME WENT `DOWNS OR (2) TIME NUMBER ©V PEOPLE IN' YOUR HCOUSEHOLD, DENT ,.UPP OR i3 D ' YOUR HOUSEHOLOOS EXPENSES, CHANGED; [fit t4'11A .COMBINATI€1N"OF REASONS "(1 )VA231 AND $3j• YOUR FOOD .:STAMP COMPUTATION" WILL SHOW ,,YCU THE INCOME 'WE USED9 HOW NAVY PFCPLE IN°"YOUR HOUSEHOLD WE COUNTEDI''AND THE EXPENSES' NE, 'ALL OWED. "YOUP FOOD STAMP': BENEFITS HAVE BEEN COMPUTED. AS FOLLOWS". *" THE EXCESS SHELTER `COSTL?EDIUCTION CANNOT EXCEED $207600. FOOD .STAMP BUDGET SUMMARY FOR '10l, 3' . , TOTAL GROSS EARNINGS 000 THRIFTY FOOD' PLAN` 112.00 Iii ` HLY ' FOOOSTAMP ,•ALLOTHEI T 112000 HlH. TYPEINUMBERi OF PERSONS • K ' 01 HIAX 'ALLC1MtABLE GROSS INCOME 756000` ADJUSTED GROSS ` EARNED INCOMEo00 ADJUSTED INCOME :0(} 3:IESS EXCESS 'SHELT'ER COSTS' * 200+00 NET: IVCOffE 000 NOTE- THIS."CHANGE 14AY ALSO BETHE RESULT .OF A COST—OF-LIVID CHANGE — EFFECTIVE I0•=1 93 YOU.-ANLL. BE RECEIVING.'A STUFFER:..NITH_,.YOUR F000-1STAMPS .IH+I.;OCTOBER' WITHi MORlE INFORMATION THIS ACTION IS REQUIRED BY THE FOLLOWING LAWS AND/OR' REGULATIONS FOOD STAMP MANUAL SECTION 63-503 ELIGIBILITY ANO BENEFIT LEVELS 63-504031 63-50404 . 4 OF.A 7710 4 INCREASE II&ENEFITS — INCOME OR HOUSE D CHANGE 690-0 NA 990NNA(5/87) �a , 1 U91693 NA990 N CONCLUSION The claimant failed to provide any verification that he had been changed from one group to the other or required to wait in the lobby for a long period of time. Since the claimant has not presented a good cause reason for missing his GAADS appointment the county action to discontinue aid and impose a penalty must be u eld. ORDER The. claim is denied. � t.,�/4s `�01� td G14 1 t ott� ,4 ei!'I'll /-�, f C U f rlY ef �/ , �n JC) r� Urn � �,r���t y �, s .s f � oplees T _ - 0S Y-Lo0tr-VCd l � G,4 r S /Ilk t , Ct 4 as r r C,cl- CAC-��'onoJd f '! 9 eW + .2I SEP.. r ,.,. .....►,, { oz RECEIVED SEP 2 2: CLERK BOARD OF SUPEiMSORS E J }CONTRA COSTA CO. 3- t( y j . 111-i-11Al4l till �SldIII]iiilf4tiAdIl1111101.111111 y �\ t t till t j Etm t t+it yt`stt i{to e'sE [ it ` 3 It . t i 1 i ll{1 {{{ER itR€ t4i R Rt k i 4 {{ SEP - 24 - 93 FR I 14 %_­05 y P . 01 Social Service Department Contra repq !o Ad 0otj9!;as C""'F Perfecto Villarreal Cost � Wttinox.GBi tprrn�945;3.4aGFs D.�rctor Gl Cour „I Post-!t",brand fax transmiitW memo 7671 gpipnytr3g► To ........,ti.•.,.. /`� _• From Co• Co, p. Dept. Plybrre q.""•� 1a Fax Fax N r ix-.r AS5I '!• LIMe : E.P..UMI- M ,�... �.. CChrista.pher Myers, Claimant County #:450113-W4NH f9 West !Macdona3d Ave. Date of .County Not.iae:7-20-93 Richmond, Ca 94$44 Effective Bate of Action:7-31-93 Ri14ng Date: 7-23-93 Hearing pate:8-26^93 Aid Paid Pending: yes Hearing Officer: Ruby Molinari Income Maintenance Representative: Lee Weikertr IM Supervisor Place of Hearing: Richmond, Ca MOU Whether the: Claimant had good cause for failing a GAADS meeting on •6.30=93. The claimant has received General. Assistance intermittently since 2-91. A14 was discontinued effective 11--30-93 as he had missed a GAADS meeting. He .reapplIed and was seen on 2-9-92. At that "time his Cooj�erati.on requirements were explained to him and he indicated he understood he must attend all meetings. The clai?inant was referred to and accepted into the GAADS program. He was :scheduled to attend a ttreatment, planning session on 6-30-93 and failed.to appear. The county was notified of his non-appearance on 7-9-93 and proposed discontinuing General Assistance and imposing. ,a three month penalty period for failure to comply with the 'proge:am requirements. The. claimant Testified he appeared for the GAADS al.1pointment two minutes late. When he tried to check in he was told he was not on the list for Room 102 and he should wait in the lobby, fie waited SE.P - 24 - 9Z FR I 14V !5 P - 02 for 0 minutes and then asked to speak to a counselor named Max. Max t ld hilt he was supposed to be in Room 102 and to continue to wait �or somo paper work. He waited for another hour and one--half and then way sent to Room 2032. The record was left open for the claimant to provide verification that he was� in .the lobby for over two hours or that he had spoken to Mak,, No information was received and the record was closed on 9- 2-93. : Department Remorandum No. 193, dated 11/25/91., provides that General ,Assi;stance recipients Who are referred to the GRADS program must actively and cooperatively participate in the program once a referr;al, has been made. Depa.rt.ment, Manual Section 49-111,.11,F, provides for good causereasona for ;fail.ure to cooperate with program requirements. F. Good Cause 1.; The .reasons which establish good cause for a failure to cooperate or comply are subject to verificationar�d �,ncludo, but are not limited to, the following: a. employment has been obtained . bd scheduled job interview or testing Ca mandatory court appearance d. incarceration e. illness f. death, in the family g. Other substantial Treason. The claimant failed to proyide any verification that he had been changed from � one group to the other or required to wait in the lobby '4or along period of time. Since the claimant has not presentbd a good cause reason for missing his GRADS appointment the county laction to discontinue aid and impose a penalty must be upheld. The claim is denied. 14! X16 P 0,s Soo ia l lsiervice Appeals Officer Date grog arm Manager, Appeals - - � Date if :you are dissatisfied with 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, CA, ' 94563. Appeals must be filed within fourteen (14) days of the date of this Evidentiary Heari.6g, Decision. No further aid paid pending' a Board of Supervisors appeal. 14. FROM: Perfecto Villarreal, Director Social Service Department DATE: October 19, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY ERIC MORRIS SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Eric Morris' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on August 16, 1993. The Hearing was scheduled for September 9, 1993. Claimant did not appear for the hearing, and the claim was dismissed. Signature: ACTION OF BOARD ON October 19, 1993 APPROVED AS RECOMMENDED X OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of Eric Morris°.f.tom:,the.,General :-,Assi.stance: Evidentiary Hearing decision. Jewel Mansapit, General Assistance Program Analyst-;'.;appeared. The appellant did not appear. 'IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED. VOTE OF SUPERVISORS: X UNANIMOUS (ABSENT -- ) AYES: NOES: ABSENT: ABSTAIN: - I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED October 19, 1993 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY cc: Social Service Department Program Analyst Appeals Unit County Counsel County Administrator Eric Morris Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County ,;E. 9/17/93 I_t - coi�r ERIC MORRIS 631 Stege Ave. Richmond, CA 94804 Re: 368061 EW: W4NF Filing Date: 8/27/93 Dear ERIC MORRIS We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 1305 Macdonald Ave. Richmond, CA 94801 Date: 10/01/93 Time: 9:00 AM Because 7 or more hearings are scheduled for the same hearing ti.RP., 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 BW/nf ' . . 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 (;Ul SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Eric Morris ---------------- 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 19, 1993 . Attachment cd: Board members County Administrator County Counsel The Board of Su ervits Phil Batchelor p Contra Clerk of the Board and County Administration BuildingCotCounty Administrator Costa 651 Pine St., Room 106 J (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop,3rd District Sunne Wright MCPeak 4th District Tom Torlakson,5th District COUK October 1, 1993 Mr. Eric Morris 631 Stege Avenue Richmond, CA 94804 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, .651 Pine Street, Martinez, California at 2 : 15 p.m. on Tuesday, October 19, 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 ' stra r By 4nM'Cen-reiif-, 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 Angust 4, M2 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None ssssss=sassesss:assessess=as=====____====ss=====_____ 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 whieb 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 elaimaat'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, Wrent rMAV wnnLffuro ad)Ace (b) mandatory court appearance which cannot be accommodated by adjusting the beating 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- heating 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 Stave been mailed on tate 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) 3be 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. 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) 1f 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. RESOLUTION NUMBER 92/$S 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. U 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. IanM e.nMr+Irt N. .WO tt d MW OW Of saw of sev.ATMSz MIL dATOMEl CMrk V'V*9"'0 �1 iuo�rMnnfaon ono CaM AOe"I"81or b - - RESOLUTION NUMBER 92/ 554 '9 COVl'� EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 368061 W4NF Date of Notice: 8/13/93 ERIC MORRIS Date of Action: 8/31/93 631 Stege Ave. Filing Date: 6/9 Hearing Date: 9/09/93 Richmond, CA 94804 Aid-' Paid Pending? STATEMENT OF FAC TS An Evidentiary Hearing was scheduled for 9/09/93 . Claimant was duly notified of the date, time and place of Hearing via letter on 8/27/93 . 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 A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 9/17/93 Ruby Molinari Social Service Appeals Officer RM/nf RECEIVED SEP 2 3 1993 CLERK BOARD OF SUPcc7:;, CONTRA COSTA CO. Please reply to: Social Service Department Contra 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 s Director J County SrA-cbuis`� " EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 368061 W4NF Date of Notice: 8/13/93 ERIC MORRIS Date of Action: 8/31/93 631 Stege Ave. Filing Date: 6/9 Hearing Date: 9/09/93 Richmond, CA 94804 Aid Paid Pending? _ STATEMENT OF FACTS /oj � C' An Evidentiary Hearingwas scheduled for 9/09/93 . Claimant was duly notified of the date, _time and place of Hearing via letter on 8/27/93 . 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 A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 9/17/93 Ruby Molinari Social Service Appeals Officer RM/nf RECEIVED SEP23 i CLERK BOARD OF SliPctl :e5:s� . CONTRA COSTA CC, • � it I aic- ` S i uc >�7 1741 - #Ipq - -�� 04-1 /Y RECEIVE[ --- ------ - - -- - -- --- -- -- SEP- 2 3 X993 - - - - - - - --- - I COSUSORS CLERK ONRACOA O -+- - - -- - --- - - -- - � T - '! w CO r�E t VV r tl) a O ua �v W N n M o N accs UJ t ao Q V i � FROM: Perfecto Villarreal, Director Social Service Department DATE: October 19, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY ROBERT TURNER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Robert Turner's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on August 18, 1993. The Hearing was scheduled for September 16, 1993. Claimant did not appear for the hearing, and the claim was dismissed. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON OCT 19 1993 APPROVED AS RECOMMENDED X OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of Robert Turner from the General Assistance Evidentiary Hearing decision. Jewel'!Mansapit, General Assistance Program Analyst, appeared. The appellant did appear and presented testimony supporting his appeal . IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED. VOTE OF SUPERVISORS: X UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: - I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED OCT 19 1993 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY z , DEPUTY cc: Social Service Dept. Program Analyst Appeals Unit County Counsel County Administrator Robert Turner Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068Director County >t 9/01/93 ot tra c6if, ROBERT TURNER 238 South 16th St. Richmond, CA 94804 Re: 414809 EW: W4JE Filing Date: 8/18/93 Dear ROBERT TURNER We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 1305 Macdonald Ave. Richmond, CA 94801 Date: 9/16/93 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 KA:sls L 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 &j SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Robert Turner ---------------------------------------------------------- . 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 19, 1993 . Attachment CC: Board members County Administrator County Counsel i Phil Batchelor The Board of Supervitrs Contra Clerk of the Board and County Administration Building Costa County Administrator 651 Pine St., Room 106 Costa c5io►646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District s _ c Gayle Bishop,3rd District Sunne Wright McPeak,4th District Tom Torlakson,5th District n: r� COUNT October 1, 1993 Robert Turner 238 South 16th Richmond, CA 94804 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 :15 p.m. on Tuesday, October 19, 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' trat 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, Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None sssssssssssassssssssssssss=s=sssssss=sssssss=====____ SUBJECT: General Assistance Hearing } Resolution Number 92/.154 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 hearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary,the notice is presumed to have been mailed on the 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 beating 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 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 upends 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 202. The applicant or recipient may appeal an adverse hearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors Uithin 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. ti (a) If the Director supports the hearing 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 perk 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 oorr+ective action. 204. Both the appellant and the Department must file an written materials at least one wftk before the date set for the Board hearing.New material must ba served by mail on the opposing party. 205. (a) Upon bearing the appeal, the Board shall make nay 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 facts. RESOLUTION NU.W BER 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 orally before the Board. U 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 legs] 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. �t+w•br exwr art a►r r•ra�een+�.y eovy of Sn noW fatM end 911110O� ar Mnu� d 1hs • � � .r1� .Ow+tr ti RESOLUTION NUMBER 92/ 554 a3_ ' )L _ Cc /. G..-roe �,� ,ct1 C(,"N 6�. l - _ - RECEIVED CLFSK BOARD OF SUPERVISORS ----------_--__-_-- CONTRA COSTA CO. I Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4 �-: drwor sJ County �E. L s _•l 1 sr'9 Cp��S EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 414809 W4JE Date of Notice: 8/12/93 ROBERT TURNER Date of Action: 8/31/93 238 South 16th St. Filing Date: 8/18/93 Hearing Date: 9/16/93 Richmond, CA 94804 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 9/16/93. Claimant was duly notified of the date, time and place of Hearing via letter on 9/01/93. 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 A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 9/17/93 Social Service Appeals Officer KA:sls 16� l i i Z- � G� o I RECEIVED -SEP-2 31993 CLERK COSTA CO.SORS I 1 4 1 IT'S 'd i . o� x S E P 24 - 93 FRI 1 07 P _ 05 Social Set-vice Department Contra PicaGcr reply to. '6 Douglas Drivo Petiecto Villarreal Martinez,California 94553--CU Director Costa County }' F. EVIDENTIARY HEARING DECISION'. NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 414809 W4JE Date of Notice: 8/12/93 ROBERT TUEt ,Date of Action: 8/31/93 238 South 16th St. . Filing Date: 8/18/93 Hoari.n7 Date: 9/16/93 Richtond, CA 94804 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for . 9/16/93. Claimant was duly notifiod, of the date, time and playa of .Hearing via letter on 9/01/93. Clair4arit.: failed to appear for ,the Evidentiary Hearing; no postponement was x-guested. REASONS FOR .THE DECISION Department R tment Manual Section 22-301, V, , 3 states that if a claimant fails to :appear, for: a►n :Evidentiary Hearing without ,previously arranging for: a postponement, , the claim may be distissed. The originally proposed action shall take plaQe immediately upon. distissail. ORDER The claim is dismissed as claimant wiled. to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If y90' are dissatisfied with , the order of this Decision, you may appeal the mAtter directly, to the. Contra Costa County Board of Supervisors. Apes must be filed in writing with the Clerk of the Board, 651 Pine. Streaet, Martinez, 94553. You must submit your appeal. within 14 days of the data of this decision. Ala PAID PENDING 'A DECISION BY THE BOARD .OF OF SUPERVISORS IS NOT AVAILABLE. Date: .9/17/93 Social Service Appeals Officer KAssls