HomeMy WebLinkAboutRESOLUTIONS - 02151994 - 94-92 1. 71
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order of February 15, 1994, by the following vote:
AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
Re: General Assistance Appeals Procedure
RESOLUTION NO. 94/_22_
2
The Contra Costa County Board of Supervisors RESOLVES that:
The provisions of Resolution No. 92/554 which established standards for General
Assistance Appeals, are hereby superseded effective March 1, 1994.
The Costa County Board of Supervisors RESOLVES that the following provisions
establishing standards for General Assistance Appeals are hereby adopted effective
March 1, 1994:
Part 2
Appeals to the Social Service Director
201. The applicant or recipient may appeal an adverse hearing decision to the Social
Service Director, where a hearing has been held and a decision written..
202. A written appeal must be filed with the Social Service Department within
fourteen days after the decision has been mailed to the claimant. Absent
evidence to the contrary, a hearing decision is presumed to have been mailed
on the date it bears. ;
(a) An appeal to the Social Service Director will not stay the implementation of the
hearing decision, and the appellant shall not be entitled to receive a General
Assistance grant pending the appeal and/or further hearing following the
appeal.
(b) The appeal will be scheduled to be heard within thirty days of the Department's
receipt of the written appeal. The appellant shall be mailed or served written
notice of the appeal hearing at least ten days before the appeal hearing.
203. The appeal hearing will be before the Social Service Director or the Director's
designee. The designee shall be an Assistant Director or other management
employee of the Social Service Department who does not work in the area of
General Assistance, and who did not take part in the subject decision to deny,
reduce, suspend or terminate appellant's General Assistance grant.
204. All written materials must be filed at least one week before the date set for the
appeal hearing.
205. The Social Service Director or the Director's designee shall decide the appeal
based on the record on appeal and testimony received by the Director or
designee. This record shall include the hearing decision appealed from and all
papers filed at said hearing.
RESOLUTION NO. 94/_L2
206. The Social Service Director or the Director's designee shall make any required
fact determinations based on the record. The parties may stipulate to an agreed
set of facts.
207. Once the facts are determined, or there are no factual determinations required
by the appeal, the Social Service Director or the Director's designee will
consider any legal issues presented by the appeal. If possible, legal issues
should be framed before the appeal hearing and shall be based on the hearing
decision appealed from.
(a) The parties may make legal arguments both in writing and orally before the
Social Service Director or the Director's designee. Legal issues may be
immediately decided at the appeal hearing. If the County Counsel's advice is
needed on legal questions, the Social Service Director or designee may take
the matter under submission until such advice is received.
208. The Social Service Director or the Director's designee may decide an appeal
immediately after the appeal hearing or take the appeal under submission, in
which case the appeal shall be decided within 30 days after submission unless
the Director extends the time for decision for cause. The appeal decision shall
be in writing.
1 Ieereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe s s on the date sown.
ATTESTED:
PHIL BATCHELOR, rk of the Board
aw-NupervAlso County Too-
strator
By .Deputy
cc: Social Service Dept.
Appeals Unit
Program Analyst
County Counsel
County Administrator
RESOLUTION NO. 94/92