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HomeMy WebLinkAboutMINUTES - 04271993 - H.3 (4 , 3 FROM: Perfecto Villarreal, Director Social Service Department DATE: April 27, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY SARAH AARON. SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Sarah Aaron's appeal of the General Assistance Hearing decision. BACKGROUND: The Social Service Department has resolved the appeal in Ms. Aaron's favor. The issue is moot. Signature: ' ACTION OF BOARD ON April 27 , 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 General Assistance Evidentiary Hearing Decision by Sarah Aaron. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, requested that the Board deny the appeal because the matter had been resolved in Ms . Aaron' s favor and the appeal was moot. On recommendation of Supervisor Powers , 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. CC : Social Service Dept. Appeals rUnit ATTESTED April 27 , 1993 Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS D CO TY ADMINISTRATOR County Administrator Sarah Aaron BY a , DEPUTY I ontrdeostar,0unty ROUTE St1PPCN:Please Check Corr t Address 3A. +30 Muir Road, Martinez ❑ z. 40 Douglas Dr., Martinez 3T. 1340 Arnold Drive#220,Martinez C] Adn,,n Ovation n (Training/Appeals) ❑ Area i.i)en<y on Aging ❑ M. 2500 Alhambra Ave.,Martinez [3 C. 4545 Delta Fair,Antioch ❑ W. 3431 Macdonald Ave.,Rich. ❑ L. 100 Glacier Dr., Martinez C] (Lion's Gjtti ❑ H. 1305 Macdonald Ave.,Richmond ❑ x 2301 Stan yell Dr., Concord ❑ G. 3045 Research Dr., Richmond (Central;;.;.i Closed Files) ❑ E. 3630 San Pablo Dam Rd., EI Sob. ❑ Y 24(YIA0 A St:nwell Dr., Concord ❑ R. 525 Second Street, Rodeo ❑ F. 330-25th Street, Richmond (PIC) ❑ _ .OTHER DEPARTMENTS MARTINEZ ❑ Auditor/Controller DA Family Support ❑ County Administrator ❑ Welfare Section p ;_; DA investigations ❑ Risk Management ❑ Health Services -i Data Processing Services ❑ County Counsel ❑ County Hospital C Probation ❑ Alternate Defender ❑ Ward r2j Purchasing r ❑ County Personnel ❑ CCC Health Plan ❑ A Clk T,I< � CONCORD WALNUTCREEK RICHMOND JUVENILE COURT 0Central Services ❑Office of Revenue Collection ❑Public De finder ❑ Antioch ❑Public Defender ❑ ❑ ❑ Richmond ❑ ❑ Martinez ❑ OTHER: AS Requested FOR ❑ Necessary Act on "'OTE E ❑ Return ❑ Discussed ❑ Information ❑ Discard r,F�5 ❑ Hecornrnendation ❑ .-lie --p-V1 ❑ Approval/Signature COMMENTS FROM. A P P E A L S PCN: 1E LEPHf�Njly�UU[1(IBER 1— j // R 2(Rev.6/92) Q SEE REVERSE FOR ADDITIONAL COMMENT S Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal CostaMartinez,California 94553-4C)68 Director County RECEIVED y¢ APR I 0 1993 ?sT1 count J CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Sarah Aaron, claimant County No.: 0792-0287490-W4KC Notice of Action: 12/07/92 Effective Date: 12/07/92 Appeal Filing Date: 12/16/92 Aid Paid Pending: No. Denial of application Date of Hearing: January 27, 1993 Place of Hearing: Richmond, California Appeals Officer: Carole C. Allen Income Maintenance Representative: Wanda Wong, Eligibility Work Supervisor ISSUE Whether the County is correct in it's denial of claimant's November 5, 1992 General Assistance application, based on claimant's failure to attend a scheduled General Assistance Alcohol and Drug Diversion Services appointment on December 3, 1992. COUNTY POSITION Claimant rcapplied for General Assistance(G.A.)on 11/5/92. Claimant has received G.A. on and off for several years. On 12/2!.92, claimant was referred to the G.A. Alcohol and Drug Diversion Services (GAADS). On 12/3/92, the Eligibility Worker was notified in writing by the GAADS office that claimant did not appear for her screening appointment Evidentiary Hearing Decision Sarah Aaron 0792-0287490 Page 2 with them on 12/3/92. Claimant had previous failures to cooperate with GAADS in June, 1992 and September, 1992. Claimant was discontinued both times for failure to cooperate with program requirements. Based on the above,the County notified claimant of the denial of her application for G.A. and that her aid cannot be granted until she keeps an appointment with GAADDS. CLAIMANTS POSMON Claimant testified that she is homeless and spent the night of 12/2/92 with her grandmother. She expected her aunt to come to her grandmother's home early in the morning of 12/3/92. Claimant expected her aunt to take her to the GAADS meeting. The GAADS meeting was scheduled for 8:30 a.m. Claimant stated her aunt had to drop off several children at school before she got to the grandmother's home. Claimant stated she called GAADS about 8:25 a.m. to let them know she would be late. She was told riot to bother to come as she would be late. REGULATORY AUTHORITY Department Memorandum #193, dated November 25, 1991, provides in relevant part that persons who are referred to the General Assistance Drug and Alcohol Diversion Program (GRADS) will attend a two part assessment within 10 days of the referral. Participants must participate actively and must remain clean and sober while in the program. Persons who are referred to the program and who fail to participate according to the rules and regulations of the program will be discontinued from the program and discontinued from General Assistance. Persons who are referred by Social Service must accept referral and must actively and cooperatively participate in the program. Department Manual Section 49-111,H,F,2, provides that an applicant who demonstrates his/her unwillingness to cooperate or to comply with program requirements by failing to meet any one of his or her enumerated responsibilities without good cause shall be denied aid and a thirty day period of ineligibility from the date of application shall be imposed. The applicant is responsible, in relevant part, for participating in GAADS screening. Department Manual Section 49-111,II,E, provides for good cause reasons for failure to cooperate with program requirements. Evidentiary Hearing Decision Sarah Aaron 0792-0287490 Page 3 CONCLUSION AND FINDING OF FACT Claimant knew she had an 8:30 ami. appointment with GAADS on 12/3/92. She did not make arrangements to ensure her timely arrival for her appointment. Claimant did not make arrangements with her aunt in advance for a ride to the meeting. She assumed that her aunt would be able to take her to the appointment because her aunt usually arrives at her grandmother's home early in the morning. Claimant did not have a good cause reason for failing to attend the 12/3/92 GAADS meeting. 'Ihe denial of claimant's 11/5/92 G.A. application is correct. . However, the County cannot impose a thirty day period of ineligibility because it has not notified claimant of this penalty. ORDER Claim is denied. Social Service Appeals Officer Date Tpoeals Program Wanagef 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 St., Martinez, CA 94553. Appeals must be riled within thirty (30) days of the date of this Evidentiary Hearing Decision. No further aid paid pending a Board of Supervisors appeal. CONTRA COSTA COUNTY SOCIAL SERVICE DEPARTMENT REFERRAL FOR ALCOHOL AND DRUG DIVERSION SERVICES - - - - - - - - - - - - - - NAME SOCIAL SECURITY NUMB R 'IIDRESS TELEPHONE NUMBER ► You are required to keep an Intake Interview appointment with Alcohol and Drug Diversion Services. v ► Your appointment is scheduled for ��lNy �--- �- , at_ L.M. p.m. at the GAADDS office at 301 Cutting Blvd., Richmond (Telephone#374-3091) 1 [ ] 10 Douglas Drive, Suite 120, Martinez (Telephone#313-1120) [ ] 2400 Sycamore Dr., Suite 29,Antioch (Telephone#427-8582) If You are unable to keep this aRRg!atment you must provide documentation to the GAADDS office within ` 48 hours to verify that the absence was the result of good cause. I If you are assigned to participate in the GAADDS program. you must actively and cooperatively participate. The rules and regulations of the program will be described in detail to you by the GAADDS staff. IF YOU FAIL TO KEEP ALL SCHEDULED APPOINTMENTS OR FAIL TO FOLLOW THE RULES AND REGULATIONS OF THE GAADDS PROGRAM YOUR ELIGIBILITY WORKER WILL BE NOTIFIED. AND YOUR GENERAL ASSISTANCE W!I_L BE DISCONTINUED. ALSO, A PERIOD OF INELIGIBILITY MAY BE IMPOSED AS DESCRIBED ON YOUR 'GENERA!ASSISTANCE COOPERATION NOTICE". I agree to accept this referral, and to actively and cooperatively participate if 1 am assigned to the program. I consent that the GAADDS program may advise the Socia!Service Department whether or not 1 keep this appointment, what my Treatment Plan will be, and whether or not I comply with program requirements. I understand that my GAADDS program records are protected under the Federal Confidentiality Regulations and cannot be disclosed without my written consent unless otherwise provided for in the regulations. !.also understand that I may revoke this consent at any time except to the extent that action has been taken in reliance on it(e.g. probation, parole, etc) and that in any event this consent expires automatically as described below. Specification of the date, event or condition upon which this consent expires: SIGNE , DATE= == =___ _ __ PREF D BY PCN EW PCN TELEPHONE NUMBER ` if different Gen 415A (rev. 10/92) Copy 1: Client, copy 2: GA file Contra Costa Count Social Service Department ❑ 3431 Macdonald Ave.,Richmond ❑ 4545 pelta Fair Blvd„Antioch GAADS/SOCIAL SERVICE COMMUNICATION ❑ 1305 Macdonald Ave.,Richmond ❑ 30 Muir Road,Martinez GA ALCOHOL AND DRUG ABUSE Referred by: ' DIVERSION SERVICES Ext. PCN NAM SOCIAL SECURITY NUMBER 'Ifa SSo - /- / s ADDRESS TELEPHONE NUMBER TO: GAADS This GA client is being referred to your for an Intake Interview appointment. Attached is your copy of the form GEN 41 SA. The client has been classified as ❑ Employable ❑ Unemployable If you disagree with this classification based on your evaluation,please let us know. TO: SOCIAL SERVICE Client failed to keep the4atakeInterview Appointment. (date: ❑ Client kept the Intake appointment,but has been found to be inappropriate for the program. i EXPLANATION: I ❑ Client kept the Intake appointment and has been assigned to the program. Plan: meetings per week. ❑ Client has been assessed as"Unemployable". Diagnosis: Duration of Unemployability: DArr COMMENTS: ❑ Client has been terminated from the program for the following reason: ❑ Failure to maintain total abstinence(date: ) ❑ Failure to accept a mandatory referral (date: ) ❑ Failure to attend a "twelve-step" meeting (date: ) ❑ Failure to test for substance abuse (date: ) ❑ Disruptive behavior (date: ) ❑ Two une-cused ahsences (dates: ) ❑ Pre-termination conference was held on no good cause found. COMMENTS GAA D ,,)N5ELOR DATE Contra Costa County .'!'• Social Servicer Department GENERAL ASSISTANCE AGREEMENT READ THIS FORM CAREFULLY. IT HAS IMPORTANT INFORMATION ABOUT YOUR GENERAL ASSISTANCE CASE. IF YOU DO NOTUNOfRSI SOMETHING,ASK YOUR ELIGIBILITY WORKER TO EXPLAIN.AFTER YOU READ THIS SIGN YOUR NAME AND WRITE THE GATE. AUTHORIZATION FOR REIMBURSEMENT OF INTERIM ASSISTANCE GRANTED. PENDING SSI/SSP ELIGIBILITY DETERMINATION I understand that the public zssiStance pard to me,or on my behalf,by Contra Costa County is considered interim assistance if it O paid during the period Of time that my Supplemental Security income(SSI)(State Supplementary Payment(SSP)eligibility is being determined.(Assistance financed wholly or partly with Federal funds shelf not be considered interim assistance.) In consideration of such intei.m assistance pard to me.or on my behalf.I authorize the Secretary of the United States Department of Health and Human Services,through the Social Security Administration(SSA)to send the first payment of any SSI/SSP benefits,for which I may be determined eligible,to the above Agency I authorize the above Agency t0 retain from that payment an amount equal to the sum Of public assistance payments the above agency and other California interim assistance agencies pard to me,or on my behalf,to meet my basic needs both before and after the date of this authorization,but limited clothe period my SS16SP eligibility determination Was pending. ❑Initial beginning with the month for which s am found eligible for an SSuSSP payment and ending with the month my SSI[SSP payments .. begin: or ❑Post Eligibility beginning with the month for which my SSI/SSP payments are reinstated afteris period of suspension or termination and ending with the month my payments resume I undeatand that,after making the above deduction from my SSIISSP payment,the above agency shall pay to me the balance,H any,no later than ten(10)working days from the day the above Agency receives my payment from SSA. I understand that,if I feel that the amount deducted from my SSI/SSP retroactive payment n more than the ambunt of public assistance paid to me. or an my behalf,by the above Agency,or if I feel the above Agency failed to pay me the excess within the Doi day period,I have a right to request a fail hearing from the State Department Of Somal Services This request mutt be filed within ninety(90)days of the date the above Agency notifies me of the receipt and disbursement of the payment. I understand that it I file an initial claim for SA6SP benefits at a Social Security Office within 60 days of the date the above Agency receives this signed for m,my eligib bty for SSIISSP benefits can begin as early as the date the above Agency receives this signed form. I understand that this authorization is effective from the date the above Agency r eceives this signed form and that l twillteaselo haveeffecl: Initial Claim at the end Of One(1)year from the date the above Agency receives this signed form.unless I file for SSVSSP within that time,or one of the events listed below occurs earlier,in which case the authorization will cease to have effect as of the dale of such event; ° SSA makes an initial payment or reinstates payment on my clam; ° SSA denies my claim and l do not file a timely appeal of that determination; ° The above Agency and l agree to terminate this authorization. Or a - .. Post Eligibility at the end of one(1)year from the date the above Agency receives this signed form,or at the end of the maximum period within which to request review of the determination to suspend or terminate my SSIISSP payments,whichever period of times longer. unless I file A timely request for review,or one of the events listed above occurs earlier,in which case the authorization will cease *., to have effect as of the date Of such an event. - REPAYMENT RESPONSIBILITIES I understand I have promised to repay to the County of Contra Costa all General Assistance,have r*cerved or will receive. ` I understand f have signed a legal document known as a Reimbursement Agreement The Reimbursement Agreement will be recorded and will place a Pen against any property I have now or may acquire in the future for the Outstanding amount of General Assistance furnished tome.I understand it also gives the county the right to file a creditor's claim against my estate upon my death for any amount of General Assistance remaining to be repaid to the county. Ir I become employed,receive money as a result of an inheritance,litigation or from any other sources.I am expected to notify the Social Service Department and arrange for repayment.This may be done by writing or calling the Social Service Department I understand i will be contacted by the Office of Revenue Collection soon after my aid is discontinued. My finanmal ability for repayment wili be evaluated and a repayment pian may be initiated. DECLARATION t HAVE READ,OR HAD READ 10 ME,THE INFORMATION ON BOTH SIDES OF THIS IORM.I HAVE BEEN GIVEN THE OPPORT UNITY TO ASK QUESTIONS ABOUT THESE RESPONSIBILITIES AND REQUIREMENTS.I UNDERSTAND THESE RESPONSIBILITIES AND AGREE TO COOPERATE BY MEETING THEM IN ORDER TO RECEIVE GENERAL ASSIFANCEj to C Pi 1L PLAC[��SIGNED uGN UIh O1 MNEtf TO MARN.INII PI NI JER,Oil r{A$ON COMPLEIING IONM.fORNPPtLCANt I CERTIFY THAT I HAVE EXPLAINED THESE RESPONSIBILITIES AND THE PENALTY PROCEDURE TO THE ABOVE-NAMED APPLICANT/RECIPIENT,AND HAVEGIV€N HJMINER AN OPPORTUNITY TO ASK QUESTIONS ABOUT THESE RESPONSIBILITIES AND PROCEDURES forrenor"wo MOP PM"I PNfM NINiy. r "' C A>g)A(Rev i t r89) Cogy is Client;Copy 7;IM Case file fastener 07 tnr, AGREEMENT As:a General Assistance applicant/recipient lunderstand and agree to the following requirements: 1.. !roust provide all information requested to determine eligibility to General Assistance. This includes completing forms,providing verifications,and signitlg releases of information when requested. I must provide this Information by the date required,and if I have not done so my aid may be denied or discontinued 2. 1 must send a monthly Eligibility Report(CA 7)by the fifth of the month following the report month. 3. i must keep ail appointments made by the Eligibility Worker,vocational Counselor,or Social Worker. If I cannot keep an appointment,I must call Social Service before the appointment time to see whether the appointment can be rescheduled: d 4, if i am fireor quit a job without good cause,I will ne ineligible for General Assistance for 64 days from the date I was last employed. -5: If my case is selected for review by the Quality Control unit I must cooperate with that review. Failure to do so may result in discontinuance of aid,and ineligibility for one month. 6. 1 iriiistigive my Social Security Number(SSN). The SSN will be used in checking identity and preventing duplicate issuance of GA."'The SSN and any other information provided may also be used for computer matches,reviews, and audits. :. 7. !must'CALL nor WRITE my Eligibility Worker when there is ANY CHANGE in my address, income, property, or " number of people living in my home,WITHIN 3 WORKING DAYS of the change, 8.• A state law requires the county to give to law enforcement agencies certain information about GA recipients who have died or for,whom a felony arrest warrant has been issued. This information is: name,address,birthdate, SSN,and physical description. . 9. If I have no home address,and.my mail is being delivered to the Social Service Office or other mailing address,it is my responsibility to pick it up. I agree to pick it up every week. 1+7. if I give information that is not true,or if I don't report changes to my Eligibility Worker which affect my case or the amount of GA I get,1 may be criminally prosecuted and have to pay a fine or go to jail. TYPES OF CHANGES EVERYONE MUST REPORT I::.A change of-residence,(the place you are actually living). You must report your new address and the name and address of your landlord. You must sign an approval for your landlord to release information verifying your living arrangements.Change irrhousing costs-rent or utility changes. 2. If you plan to leave this county... 3. A change of household composition-if anyone,including children,moves into or out of the house. A change of marital status ' 4. A change of employment status-if anyone,including children,in the household starts working,stops working,or becomes unabieto work,or goes to school/training. 5. A change,in property holdings-if any member of the household buys,sells,or receives as a gift or inheritance,a �KciUse,car insurance,stocks,bonds,etc.,or if a bank account is opened or closed. 6, 'A change,in income-following is a list of types of income that must be reported.This list is not ail-inclusive. .,a,money bbtr6Wed(loins)`' a Alimony/Child support • money earned(wages) a income from,or acquisition of real or personal property +.gate money,from prison • checking/savings accounts • Income Tax Refunds(State or Federal) a Inheritances • State Disability payment • Unemployment Insurance Benefits a Union payments/Pensions a Grants l Scholarships/ Loans given to you to attend school • Social Security Payments a Gifts or money from relatives or friends a Federal Disability Payments a Money received from giving blood or plasma a Workers Compensation payments a Department of Rehabilitation money given to you to attend classes,or for any other reason a Private Disability payments a Life Insurance money a Welfare payment from any other state or county a Legal settlements and/or awards by the court i income from self-employment,including street vending a veterans Pensions/Awards/Bonuses a.Retirement pensions or funds a Other pensions a Gifts of food,clothing,or other contributions in-kind a Lotterywinnings a Money from any other source a Pan Handling 7. ANY LUMP SUM PAYMENT MUST BE REPORTED IMMEDIATELY. A LUMP SUM PAYMENT IS EXPECTED TO SUPPORT YOU,AT THE RATE OF.S325 PER MONTH. YOU WILL BE INELIGIBLE TO RECEIVE GENERAL ASSISTANCE DURING THAT PERIOD. ADDITIONAL RESPONSIBILITIES OF ALL UNEMPLOYABLE APPLICANTS/RECIPIENTS t.''-1 understaffd that]have theFesponsi6ility to get proof that t am unemployable. I 1•.2.••,:I,u.nderstand,that:l must:apply for S51/SSP if the Social Service Department requests me to do so,and will then be considered an applicant.for..,II�ngtt-erim General Assistance. 3. I understand that I must actively+participate in a training,re-training,educational or rehabilitation program,if required by the Social Service Department. t • CLERR OF TEE BOARD • Inter - Office Memo TO: Social Services Department DATE: March 22 , 1993 Appeals and Complaints Division FROM: Jeanne Maglio, Chief Clerk Ann Cervelli , Deputy Clerk SUBJECT: Hearing on appeal from Administrative Decision Rendered on General Assistance Benefits Filed by Sarah Aaron 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 : 00p.m.on Tuesday, April 27 , 1993 . Attachment CC: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive The Board of Supervis s Contra Phil Batchelor Clerk o1 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 Gayle Bishop,3rd District ' Sunne Wright McPeak,4th District Tom Torlakson,5th District March 22 , 1993 Sarah Aaron 558 S . 45th 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, at2 : 00 p.m. on Tuesday, April 27 , 1993 . In accordance with Board of Supervisors Resolution No. 75/28, 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 S erv ' ors a County Administrator By _a- J 'I" An ervelli , y C erk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF IWERVISORS OF CONTRA COSTA COOY, CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance are made to the Board of Supervisors pursuant to Board of Supervisors Resolution 711/365; and this Board therefore estab-• lishes these uniform procedures for. such appeals , effective today. 1 . A written appeal must be filed with the Clerk of. the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department ' s Complaints and Appeals Division. 2. both the Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department ) must file all written materials at least one week before the date set for board hearing of the appeal. 3. Upon hearing of the -appeal , the Board shall make any required fact determinations based .on the record on appeal . This record shall include the Department 's Hearing Officer's fact findings, plus any papers filed with that .Officer. The board will not allow the parties to present new facts at time of appeal , either orally or in writing, and any such preoentation will be - disregarded. If the .facts upop which .;he. appeal Is based are not in dispute, or if any, dispute.d..raptsl.are' not relevant to the issue ultimately to be decided by .the P,oard', the Board will proceed immediately to the next step,,Xltbout .co.nsidering fact questions . The parties may stipulate ,to*`ah agreed set of facts . 4 . Once the facts are determined, or if there are no fact determinations required.15y the Board will consider legal issues presented- by-`the~ -appbal. 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. Appealing parties may make legal arguments both by written. brief and orally before the..Boardi < If the issues are susceptible of immediate resolution, the Board may, if it deuires , immediately decide them at the appeal hearing. If the County Counsel's ad- vice is needed on legal questions', the Board will take the matter under submission, reserving its final ,judgment until it receives such advice. -1- RESOLUTION NO. 75/28 0 5. If the Board's tentative decision is adverse to the appellant, the Board may modify or reverse its tentative con- clusion for policy reasons, insofar as such modification is not Inconsistent with law. Such action may be taken when .the Board, in its discretion, determines it to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with its decision. Unless so stated, a decision shall have no precendential effect on future cases . ' G . Having made factual determinations , having; received advice on the legal issues, and having applied policy considera- tions , the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning; of the decision. The .• . Board may direct the County •Counsel ,to draft a proposed decision for its consideration. ' 7 . The Board may contra ct' w.ith :a hearing officer, who shall . be a member of the California Bar, to .act on its behalf in con- ducting General Assistance appeals . The Board 's Hearing Officer shall follow steps 1 through �4 above,, and shall recommend a proposed decision, stating findings o� fact and summarizing the reasoning of the proposed decibion. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own interpretation of the record on appeal and applicable law. i PASSED on January 111 , 1975, unanimously by the Supervisors present . URTIlIED COPY I certify tbat this is a full, true ! correct colt of the original document which is on file in m7 office• and that it was passed d: adopted by the Hoard of Supervisors of Contra Costa County, California. on the date shown. ATTEST: J. R. OLSSON, County Clerk d:ex-officio Clerk of said Board of Supervisors, by Deput Clerk. on _tett 1 41975 cc: Uirector, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator I � 181993 V �t K BOARD OF gUpcRVISORS TA CO. GOt3TRA COSTA 6 derl'ed .J/�w 4ai/v- aw-f LY d ,7�4-. oe al khx 19 ) �. nye ,35!7a4 117,Lx ek ,,,, ILA -1�6ddfl A, �V.0 /,�u� u.-d�,� � ���, `fie�� � •�� mop 41 dlK-1 7t Aitk, 0-t6 � did y � • fiPubUti h oaf -htiu. eZ f A , _ c vt k 7�p 10 /4 AY �fa�e �C.S u�-- .L ha , �i �, der�ic a mc (fin �u s�ins Ske Cft�ne 40 lrxe VJ��� � av �aae or 1• 18 •Y3 CLERK BOARD OF SUPERVI.r f CONTRA COSTA CO. zz I IVA / M95 AIR4%, � ' •i ' ` oAl r0.d'jw / W IF i o / /mmolp I i 0 VNIF"m i Nil I i i r rP Ir CP FIECEIV D . a t MAR 1 81993 0 j '6 CLERK OARAS !S©RS COSTA GO Q w 0� w.7w +w