HomeMy WebLinkAboutMINUTES - 04061993 - H.4 14,4 c,
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FROM: Perfecto Villarreal, Director
Social Service Department
DATE: April 6, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY HANG LY
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SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Hang Ly's appeal of the General Assistance Hearing
decision.
BACKGROUND:
The Social Service Department has resolved the issue in Mr. Ly's favor, and the
appeal is moot.
Sidnature:tG-i,, ,� .� d� In 2�"1�
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ACTION OF BOARD ON April 6 , 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 a General Assistance Evidentiary Hearing
Decision by Hang Ly. Jewel Mansapit, General Assistance Program Analyst,
Social Service Department, appeared .and adv:i ?d the Board that the issue
had been resolved in the appellant ' s favor and she requested that the
Board deny the appealsince it is moot.
IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED.
VOTE OF SUPERVISORS:
x UNANIMOUS (ABSENT I , IV )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED April 6 , 1993
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS NDC TY ADMINISTRATOR
cc : County Counsel
Social Service Dept. BY � . , DEPUTY
Hang Ly
- --- C -LVED-
R - 61993 SS
--- --- - *LtcRK`6QAF"vD OF-SIJPERVISORS_} - -----. -. .- -- -— ----
�QN�RA_CdSTA
31
J �J
• CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: February 25 , 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 Hang Sy Ly
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 : 00 p.mon Tuesday, April 6 , 1993 .
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
This item was previously scheduled for March 2 , 1993 but
at the applicant ' s request and with Mrs . mansapit ' s concurrence,
the matter has been rescheduled to the above time.
The Board of Supervisors Hang Sy Ly
County Administration ;Building 270 4est 9th 6t
651 Pine St. , Room 106 Pittsburg , C,, 94565
Martinez, California 94553 r'ebruary 5, 1993
.Request forRescheduling Appeal Hearing
I have a hearing for appeal before the board of 6uperviFor:
in the Board Chambers , :Zoom 107 , County AdminiFtration building ,
651 Fine Street , ;,:artineza , California, at 2: 00 p.m. cn :�uesday,
.,,arch 2, 19D3.
I requested the Board of Supervisors to change the hearing
date to some day in i•;ay 1993. L want the hearing date (:,,arch 2 ,
1993) to be reschedule in ,•.ey 1933.
icerel ,
Incl,-sed:
1 ; I• ctice from Board of Supervisor:
dater February 3, 1993 \
rie � - s,
RECEIVED
FEB -8
CLEft CONTRA OCOSTA CO ISOFc I
Clerk cf tl;:: RECEIVED Ly
651 r4r� �tr�ct , 0,. 1 ; ..est 9th 6t
r i n�7 , ? r r? JAN 2 91993 ,
t itt_ burg, (:i, 7P45U5
January 28, 19:�3
CLERK BOARD OF SUPERVISORS 550-69-3662
CONTRA COSTA CO.
'.L't,cal Z:f ' -V1: t."-t ;a_y ..Lcriny .-ecision
I request for a�;:)eal of t',e -videntiary fieariny Decision
dated January 6, 1993 t -) the contra t:osta L:ounty .3oard of
Supervisors because:
1 ) I am dissatisfied with the Lvidentiary Tearing decision
dated January 6, 1993.
a ) Before the :vi fie:;: i ari ,ic-arin:j in the suiting room, I
reaueste3 :robin ::anni w^c is bath the „ounty xepreSentative and
my eligibility w rker t:., ch:,;.yL� the V ietna;nese interpreter ,
Kim Le, to someone else ::ecause the last time on ,,;ay 23, 1992
Kim Le was my transl_�tar for a reinvestigation appointment, and
she did not do a:: ads„- =tc> job. 1 kne-, the social Jerviee Department
in Antioch had a lict^.a ,iese tr-anslator na•,;ed --ich ihuy, but my
elioibility w--rkc,,- .;)1�ln ;,anni dcnlod my request to change
translator. In the _-7.dvntiary :leariny roc:n before the hearing ,
I requested Apne:, :s -)f:is.�r ,.en .zWams to change my Vietnamese
translator ;;im : n to a;•o}i;er person, but he also denied my request.
He only allo»ed t o tape record the evidentiary ,fearing.
b) During t')e hearing , my eligibility wor,cer Robin .panni
did not ask me any-thin,4 a:�out the case, and Appeals officer
Ken Adams also did not asp me anything. ,te showed me the interagency
Request/,Zeferral dated ii)- 2:;-y2. ..e wanted me to go home and
Write an opinion about the Interagency .-;equest/,refer-al dated
10- 28-92. t:e then gave me his business card with his name,
address , and phono numbor. ;•.y e l igi: i lity worker robin ,ganni
gave me a copy of both sides of the interagency .<equest/.referral.
Appeals officer ,:en ,dais told me 1 had to mail the opinion to him
before a date he wrote on tl e oacr. of his business card. rhe date
on the back of his business card was -)acember 24, 1J92. t sent
the opinion to f;i -) on ::e`-r,:iber 1_, 1 92.
2 ) r-ro•n the ti-ne l received the yuppie.;ental )ecurity Income
.notice of AeconsiJerac;o'.i- ,jisaoility dated August 31, 1992 , to this
day, I still belicvz2 it was illegal. Lt violated the S.3A rublication
No. 05-11008. I wrote letters to the rittsburg Docial security
,'administration -»y i equest Lo dismiss the notice of
1econsideration- dated ,uj:;st 3.L , 19-�2.
3) :.y JSI case is stili worr�iny and continuous to this day at
the SSA Pittsburg an-1 : hover receivza any notice aoolt my sal
case being close to thl* s Jay f roan the i�ittsbury.
4) Claims stepresentative, .•.r. 6ore;ndr. , of the Vittsburg wanted
me to complete a s ec.)i;.: ti...@ the Kecanslueration forms. 1 am still
on the level of Aecon- i":eration.
Certified ..!ail ( I- 15 - 33�) 6 ' 1 erely
ileturn Aeceipt ;-Zequestcd
1'a n
inclosed:
1 ) Interagency :request,'.,( ferral E ;2 , .3a :d-Jt
2) ,my 1-tter to ippeo i.” -fifer dated :Jcce.aner 21, 1:o:�1
7
Contra Costa Coun NTERAGENCY REQUESTIREFERRAL Social Servicerep4ai
•Complete Items Checked and turn Action Only Q Irformati
I. IDENTIFICATION
NAME {last, first, middle) BIRTHDATE SOC. SEC. N0. CASE CATEGORY
.� / �7-{/ S „17
�'�� 07- ..?D Aged QBlind i
ADD 55 {str city, p PHONE S Disabled
?7U - Ineligible
SPOUSE/PARENT, IF CHILD BIRTHDATE SOC. SEC. N0. I CASE�_. SPOUSE'S CATTWRY
07- Agedr-1-find
ADDRESS (if different from above) sabled
ineligible
II. REQUEST - RESPONSE SSA: COMPLETE SECTION A. FOR ALL RE UESTS SS completes1ec. Bon all
A. .REPORT SSI/SSP Approve •of entitlement \equ.ests) :
ELIGIBILITY nding. Applis"ion-date /
STATUS Denied on '-1"
D Initial Applieat on Reason
M Terminated Suspended. Lastnth a entitlement
ea p c Reason
Reconsideration/ Q No record -on computer -as -of ! - • ---
ear n Appeal FITS: SSI/SSP SSA $ includes Nbuy-in t
.OTHER INCOME? Yea o El
D B. REPORT WELFARE AFDC .GA -.Total Grant$
PROGRAM AND STATUS Share of Grant $ SSP-14 signed.an,7.-
(Enter case 'number (Ref: DM 46-300) BIJI Total Grant$.;___
in Section I. above.) Stepparent Income Used ( ) Yes (. ) No Medi-Cal Only . .
Source Nonassistance Food_
Amount $ Stamps Only
STATUS: { } Beginning Date of Aid / j. { ) Not Aided by County ,
( ) Discontinuance Date l / { } Appiic-.•Pend. Cat. -. . :.`
C. ISSUE MEDI-CAL CARD FOR Month/Year l Medicare Number
Special Circumstances Medi-Cal { } Retroactive { ) Current
D. PROCESS APPLICATION FOR Aid GA AFDC F S Claim No.
E. OTHER
INIT R OFf FORM OF IC
PHONE UNIT/PCN DATE
RESONSE C MPL ED BY_,,_ OFFICE PHONE _ T/PCN DATE
d -_x_ 'i�C' G�< < '-?Gl -��C //"3 ..cam.
:II. AUTHORIZATION TO RELEASE INFORMATION see re erse
A. I hereby authorise release of information identified above to -the Contra Costa aunty
Social Service Department. I have read the reverse of this form and understand the
information will be used for:
;IGNATURE OF APPLICANT/RECIPIENT DATE ,
i
;IGNATURE OF WITNESS (If signed by a mark.) DATE
B. ROUTINE DISCLOSURE: ( } AFDC ( } Medi-Cal ( ) BHI ( ) IGAR
ROUTING ON REVERSE Copy �6 2: * To Other Agency
.BD 602 (Rev. 7/82) �C Ref: D? G 700 CL 3: Control, File 02
(Discard after response.)
d �
env
ROUTING INSTRUCTIONS
TO SOCIAL SECURITY OFF £: TO SOCIAL SERVICE DEPARTMENT:
Pittsburg Ofi✓ice ❑ Muir Road Office ❑
40 Black Diamo d 94565 30 Muir Road
.O. Box 163 Martinez, CA 94553
❑ Walnut ce ❑ ❑ Rodeo Community Center
1942 Mt. D ablo Blvd. 94596 525 Second Street
(P.O. Bo 5306) Rodeo, CA 94572
❑ Berkel Office ❑ Richmond Office - ❑ San Pablo Office
1950 )niversity Avenue 94704 1'Idonald A ev nu 3630 San Pablo Dam Road i
❑ Ric mond Office chmond, 4805 El Sobrante, CA 94803
1 3 MacDonald Avenu 94$0 Office
/ 4545 Delta Fair Blvd.
tr�tioch, CA 94509
,
CONSENT TO DISC NFORMATION
The Federal Privacy Act of 1974 imposes restrictions on the acquisition and release of infor-
mation from and about individuals by all Federal agencies. The law provides civil and crimi-
nal penalties for any individual or agency which willingly and knowingly releases individually
identifiable information that is otherwise restricted. The Social Security Administration
must document each disclosure, and consent for release isi required in most instances.
An individual's consent is required for release of information needed to administer or deter-
mine eligibility to:
General Assistance (not Pending SSI/SSP)
Food Stamps
Aid to Potentially Self-Supporting Blind (APSB)
*Social Services (Title XX)
Authorizations to disclose information must specify what items are being requested and the
purposes for which the information is to be used.
*FOR IN-DOME SUPPORTIVE SERVICES PROGRAM: If the Social Security Administration concurs with
the Social Worker's determination that compelling circumstances exist, information may be
disclosed pending SSA's receipt of the client's authorization to release information.
i
•
INSTRUCTIONS FOR COMPLETION OF SECTION III OF ABD 602
Space is provided in Section III. of this form for an applicant or recipient to authorize the
release of items specified on the form. The applicant/recipient must check the box and then,
sign and date the authorization after the purpose(s) for which the information can be used
have been specified (Section III. A.)
NJ signature is requi.ed for toutinc disc`.c,sure. (Ch_^k boy in section III. B.)
ABD 602 (Rev. 7/82) Reverse
• V
r
page 1 of 2
Ken Adams • w • hang Sy Ly
Fraud Prevention ;-tanager 270 gest 9th St
Social Service Department Pittsburg, CA 94565
Administrative Uffices December 21, 1992
40 Douglas Drive .iz)A: 550-69-3862
Martinez , California
D L(;i AAA'i 1 uiV
The first time that 1 saw the "interagency Request/Referral"
dated October 28, 1932 was inside the r;videntiary iiearing Room
on December 17, 1992.
Following the rule, before the response to Section Ii.A and
Section II . z of the form "Interagency ,request/xeferral" dated
October 28 , 1992 are completed, the form requires my consent and
my signature to be val.,d. Because the form "interagency Aequest/
Referral" dated uctober 28, 1992 did not have my writing and signature
in Section lila, i do not have any legal responsibility for the
form "Interagency riequest/,Referral" dated uctober 2-d. 1992.
And the form ' Interagency ,ceyue:t/,referral" dated October 28,
1992 does not truly reflect my present status.
Marilyn A. Sanders wrote in Section 11. D. Other of "Interagency
Request/Referral" :fated October 28, 1991 this :tatement:
"Claimant repos is be has filed for .idminietrative riearing. "
The above statement is false because to this day 1 have never
filed fcr Admini:trative Hearing nor to this day have 1 ever
reported that i have filed for r',dininistrative hearing. 1 can nc;t
file foi an Administrative Hearing beca::se the notice of
Reconsideration dater :august 31 , 19:2 was illegal. 1t violated
the JSn Pub'_icati:,:. ..u. 05-11008. j G,n still on stLp k:i<econsideration.
There are na-,.y wi)en ;-;. .:a;ider: writL- false
statements in lett^Ys t.n mE , and j. have replied to her in letters.
I will enclo:t cam,;�E� ;:i 1,11E=e J.Utterr with t::is letter for y,,ur
reference.
In the "iI]t.�_'=,y :,C j' ,�E?;]uPct, .�cf_::"a = " ;n .'ection 11 .A. supervisor
Stein of t!1' Pitt—,]I , ;:`cia- -.) curiti i-L; i.istraticn boxed t;,e
word "Iiearing" w : a j-,,-n.
Supervir.;r ;}:ould :Aaj -oxed _n because
the SSI. notice e= :ccs:: : deratio.-, dat '3 .uyust 31 , 1992 is illegal.
It violated the .,JA t'ublicatioa ::o. J5-110J8. Therefore I am
still on step not on stele 2:Administrative
hearing.
In the "Interagency request;Aeferril%yin Section 11:E.
Supervisor Stein wrote '::is statement:
"Recon denied. IIe has not filed a hearing. He thinks he should
have an informal conference. "
Supervisor -�tei:, is aware that before November 3, 1992,
wrote to ber two letters dated October i9; 1992 and October 24, 1992.
I wrote a letter to Mr. Gorman, claims Representative, on Uctober
15, 1992.
Supervisor Stein is aware that before November 3, 1992 that
I wrote five letters to a Supervisor of the Departm?nt of Social
.Services , P.O. •ox 1827, Sacramento, CA 95812. The five letters
dated September 8, 1992 , September 18, 1992, September 25, 1992,
October 3, 1992, and October 9 , 1992.
I wrote ti, -tters to a Supervisor of Department of Social
Services , 744 P Street , 6acramento, L,1 95814 dated uctober 1, 1992
and November 11, 1992.
In all my lottt,rs , the mc.-ininy-- very clear that:
1 ) In my ":lequeFt foi dated July 20 , 1992, it
is very clear that I di3 riot appeal any medical deci-sion.
Therefore I am eligible to ch3o=e an informal conference of
Reconsiderati:�n.
2 ) I still bell •.,e the --).Sl notice Df ,recon:ideration dated ,.uguFt
31 , 1992 iE l:legal. It violated the publication No. 05-11008.
3 ) I requested tD DvcrtLrn th:.• j6l notice of ,<econsideration dated
August 31 , 1-).?2. i requested to regain .the right to an informal
conference z)f .toL:onsideration as stated In the JJtf Publication
No. 05-11008. _ still believe that 1 am :till on step 1:
,teconsideration as stated in the JJr1 Publication No. 05-11008.
6inc r' ly,
Certified Trail ( L' i59 681 503)
Return Receipt ,Zeque! ted hang
Enclosed:
1 ) Interagency Request/Referral dated October 28, 1992
2 ) M. Sanders Letter to ine dated Jctooer 11 , 1992
3 ) M. Sanders Letter to me with no date
4 ) My reply to ;•i. .ganders dated %ovember 16, 1992
5) M. Sanders lettor to me dated Jec. 10 , 1992
6) My reply to oi. sanders dated i)ecemuer i2 , i992
7) Letter to Stein -rated October 19 , 19:32
8) Letter to .stein d6tcd October 24 , 1- 2
9 ) Lett -r to Jor:nan dated October 15, 1 -192
10) Letter to 3uperviEor dated vctooer 9 , 1992
11 ) Superivo:i s r opiy t,) me Gated uctr,Det i3, 199_'
12 ) Letter to at 744 dated ictobcr 1, 1992
13) Letter to -,rvi or at 7-;4 .sated .iovemoer 11 , 992
14) Supervisor ' s repIly to me dated iecomi>er 7, ivj2
BOARD OF SWRVISORS OF CONTRA COSTA COule, 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 71+/365; and this Board therefore estab-•
lashes these uniform procedures for- such appeals, effective
today.
1. A written appeal must be filed with the Clerk or 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 hearinE 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 ,Offleer. The board will+
not allow the parties to present new facts at time of appeal ,
either orally or in writinE, and any such presentation will be -
disregarded.
If the .facts upop which .the. appeal Is based are not in
dispute, or if any. disputed..`j1Cts1;are' not relevant to the issue
ultimately to be decided by .the Eoard', the board will proceed
Immediately to the next 'step�•%Xitbout jeo.naiderinF, fact questions.
The parties may stipulate ,to `andgreed bet of facts. '
4. Once the facts are detirmined, or if there are no fact
determinations required.l;j thgj1 pp't81, - the Board will consider
legal issuds -presented• by•`ths -a'pptal. 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..Boardo , If the issues are susceptible
of immediate resolution, the Bourg may, if It desires, 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-
RL•SOLUTION NO. 75/28
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 consYdera-
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 •9ounsel ;to draft a proposed decision
for its consideration.
7. The Board may contra ct• wlth :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 'or .fact and summarizing the
reasoning of the proposed decision. 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.
PASSED on January lb , 1975, unanimously by the Supervisors present.
URTITIHD COPY
I esrtuy that this to a full, true ! eorroct eovl of
the oriitaw document which is on fie in my ofnce.
sad that it was passed ! adopted by the Board of
Supervisors of Contra Costa County, Caittornia. on
the date shown.ATTEST: J. R. OLSSON, County
Clerk!ex-officio Clark of said Board of supervisors,
by Do C1
W ,IN i 41975
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
The Board of Supervi rs Contra Cwkof on ftud
`
and
County Administration Building Costa µ sl srs-x��t
651 Pine St., Room 106 ^,.,, ,�
Martinez, California 94553 l./I.JU
Tom Powers,tst District
Nwcy C.Fanden,2nd District
ROMA I.Schroder,3rd District
Bunn Wright KePeek,4th District
Tom Torhfton,5th District
February 25 , 1993
Hang Sy Ly
270 West 9th Street
Pittsburg, CA 94565
Appeal to Board of Supervisors
General Assistance Benefits
Re: Your written request to reschedule your hearing.
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 : 00 p.m. on
Tuesday, April 6 , 1993 .
In accordance with Board of Supervisors Resolution No. 7g/2B,
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 d County Administrator
By (.4e
Ann ervelli , Deputy Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
~ BOARD OF ISERVISORS OF CON'T'RA COSTA COU, 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 71+/365; and this Board therefore estab-•
lashes 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 Hoard hearing of the appeal.
3. Upon hearing of the.-appeal , the hoard shall make any
required fact determinations based .on the record on appeal. This
record shall include the Department 's Hearin; 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 prezentation will be -
disregarded.
If the .facts upop which .;he. appeal is based are not in
dispute, or if any. dispute.d,,rapts!-are' not relevant to the issue
ultimately to be decided by .the Board', the Board will proceed
immediately to the next 'step%ylthout considering fact questions.
The parties may stipulate ,to•"an agreed bet of facts .
4. Once the facts are determined, or if there are no fact
determinations required-.Vii 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.
Appealing parties may make legal arguments both by written.
brief and orally before the..Boardf , If the issues are susceptible
of immediate resolution, the `Board may, if it desires , 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
f6 4D
•
a,
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 . .'
6. 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 deci§ion. 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.
j PASSED on January Ila , 1975, unanimously by the Supervisors present.
CERTIFIED COPY
I certify that this is a full, true a correct copy of
the original document which is on file In my offlce,
and that it was passed a adopted by the Board of
Supervisors of Contra Costa County, California, on
the date shown. ATTEST: J. R. OLSSON, County
Clerk a ex-officio Clerk of said Board of Supervisors,
b7 DeDut Clerk.
on f, 1975
1975
cc: Uirector, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
The Board of Supery iwe r! ,;.,ySy ,;.,yCounty Administration Building 20 tieEt 9th 6t
651 Pine St. , Room 106 Pittsburg, C,,j 94565
Martinez, California 94553 i'ebruari 18, 1933
Request for Aescbeduling Appeal nearing
i have a hearing for appeal before the 3oard of zuperviEors
in the Board CIDainbers , itoom 107, County r,diuinistration .6uilding ,
651 -Line Street , 1%artinez , �:alifornia , at 2: 03 p.m. on J.'uesday,
:,arch 2, 1992.
This is my third time that 1 requested the ;3oai:d of
SunerviFors to change the hearing dated to so.me day in ,,ay 19J3.
wan the hearing dated (...a.-ch i9-,,3 , to Joe. reEchec!ule in
-ertifie --1 ( 7 737 2431) .sincerely,d' 4 XI 11incerely,
:<e4L-.urn .".eccir.t .'I'equcFte:3
lxn c E ea'
N---t- r-e from cf �upervis-JrE-
--e'.Druary 3, 19-)3
2 �ettcr to of
I"ang
Zu-ervisor-= (.�e-uest f,:)r
v
'?
dat,i"2 -7ebruary 5, 193'3'
Letter to 3:::r 3 c f RECEIVED
(.Ze7ucst for
:,,ppeal Fearing)
dated Feh--uary 16, 1993 FB 19 rM
CLERK EOARD CIF SUFEfIVISORS
The Board of Supervisors Hang Sy Ly
County Administration Building 270 west 9th St
651 Pine St. , Room 106 Pittsburg, CA 94565
Martinez, California 94553 i'ebruary 16, 1993
Request for Rescheduling Appeal riearing
I have a hearing for appeal before the Board of Supervisors
in the Board Chambers , Room 107, County Administration Building,
651 Pine Street , Martinez, California , at 2: 00 p.m. on �.Ouesday,
march 2, 1993.
This is my second time that I requested the t3oard of
Supervisors to change the hearing date to some day in +-'ay 1993.
I want the hearing date (,larch 2 , 1993) to be reschedule in
:,:ay 1993.
RECEIVED
cerely
fiB 17 UB
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
LY
Enclosed:
1) Notice from Board of Supervisors
dated February 3, 1993
2 ) Letter to :3oard of Supervisors (rcequest for rzescheduiing
Appeal Hearing) dated February 5, 1993
The Board of Supervisors Hang Sy Ly
County Administration Building 270 West 9th St
651 Pine St. , Room 106 Pittsburg, CA 94565
Martinez, California 94553 February 18 , 1993
Request for Rescheduling Appeal Hearing
I have a hearing for appeal before the Board of Supervisors
in the Board Chainbers , Room 107 , County Administration Building,
651 Pine Street, Martinez, California, at 2:00 p.m. on Tuesday,
March 2 , 1993.
•s
This is my third time that I requested the Board of
Supervisors to change the hearing dated to some day in May 1993.
I want the hearing dated (March 2, 1993) to be reschedule in
May 1993.
Certified Mail (P 117 737 243) Sincerely,
Return Receipt Requested
Enclosed:
1) iJotice g'rom Board of Supervisors
dated February 3, 1993
2) Letter to Board of riang
Supervisors (Request for
Rescheduling appeal Hearing)
dated February 5, 1993
3 ) Letter to Board of RECEIVED
Supervisors (Request for
Rescheduling Appeal Hearing)
dated February 16, 1993 , I
CLERK BOARD OF SUPERVISORS
CO NITRA COSTA CO.
astdVo
The Board of Superiors Contra � �� `
County Administration Building Costa and
°oi41 ��
N �
651 Pine St., Room 106
Rt ��
artinez, California 94553
Tour Powers,1st District
Nancy C.Fandon,2nd Distnct
Robert I.Schroder,3rd District
Swnne Wright MCPsok,4th District
Tom Torinkson,Sth District
February 3 , 1993
Hang Sy Ly
270 West 9th Street
Pittsburg, CA 94565
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez , California, at 2 : 00 p.m. on
Tuesday, March 2 , 1993 .
In accordance with Board of Supervisors Resolution No. 79/28,
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 Su erv' or rid County Administrator
By
An ervelli , a uty Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
The Board of 5uj)orvisor-,:: -"y Ly
County Administrciti,-)n 270 gest 9th Lit
651 Pine St. , Lcn(-::i,, 106 Pittsburg , CA 94565
Martinez, California
2eliruary 5, 1993
e,,I u 0 z.:t iippeai lfearing
have a lhearin'j for appecil bef-,--)r(2 the Board of supervisors
in the Board ChamlDerE , il..-Iom il"17 , :-'Oullty ..,dia-LI-liFtratior Building ,
651 Pine Streot , CaILI.L'-ornia , it 2: 00 on Tuesday,
march 2 , 1993.
Tt' e bearing
I.-V I F. 1. moi,
date to A�-jv
1993 ) to bE rC a In
r*N-),-:C C21
.'nc1-sed:
1 ) ot ic,: fro;"
Y,
dated
Y
County . ,.! .±:..r; ..- t ! . .. i;) :E.�t ith
..�t
E,51. P. ini.±..t.E burg4 43 65
mart :i 'a i i.; L)ru,:)r.y 1b 3
" I�_!,-I r i n g
`jave ::; ;i ... 1.' _ ; :. ..). i :)c L..,. ,. ;C:' ..,:)<�i"_l )i. -iuF)er
i_n the _::tea , ::i ! :� ;,:> .� = , "� : ±;;;I '.: i.r).i.:=tr . t.i.�:) !3uiidirig
65:1. rill i'Li�2-zCla/
•'.arch � , �-_;.,_z . ,
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UF)t�rvl.��')r;- t') ..�)�... ..... ..... . .,•. (�jt.:,.' .. .. = .Jil±i.` i.t.:�}/ ..i] ;ay iy�,3.
.L want the I _ .i / )e` .. "' =C :it's:Ll-L 1Ci
C:EaJ`c-. Ly
y
enc-Lc s f_Cl
Notice
date".'
? ) i_.ett i- to _ v ; ,. . ..
!
T • •
" The Board of Supervisors Hang Sy Ly
County Administration Building 270 rest 9th St
651 Pine St. , Room 106 Pittsburg , CA 94565
Martinez`; California 94553 February 5, 1993
Request for Rescheduling Appeal Hearing
I have a hearing for appeal before the Board of Supervisors
in the Board Chambers , Room 107 , County Administration building ,
651 Pine Street, Martineza , California, at 2:00 p.m. on Tuesday,
March 2, 1993.
I requested the Board of Supervisors to change the hearing
date to some day in May 1993. I want the hearing date (March 2,
1993) to be reschedule in May 1993.
cerel
Enclosed: ;M i4
1) Notice from Board :: f' Supervisors
dated February 3,1993
tis y
RECEIVE®
FEB 81993
CLERK BOARD OrSUPERVISORS,
CONTRA COSTA CO.
Phu Bab*11
The Board of Supery*rs C�O'1tl'a Ckft of this Bow0"d
and
Qr unty Administration Building Costa (416)3n.M71
651 Pine St., Room 106 n A, ,
�
Martinez, California 94553 C.�(�,1
Torn Powers,let District
Mney C.Fohden.2nd District
Nobel 1.Schroder,3rd District
Sunne Wrlaht 10ePsek,4th District
Toth Torlokson.5th District
February 3 , 1993
Hang Sy Ly
270 West 9th Street
Pittsburg, CA 94565
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on
Tuesday, March 2 , 1993 .
In accordance with Board of Supervisors Resolution No. 7g/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
ofSu erv' ors County Administrator
By N�
An ervelli , a uty Clerk
Enclosure
cc: Board .Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
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cc
The Board of Supervisors Hang Sy Ly
County Administration Building 270 West 9th St
651 Pine St. , Room 106 Pittsburg, CA 94565
Martinez, California 94553 February 16, 1993
Request for Rescheduling Appeal Hearing
I have a hearing for appeal before the Board of Supervisors
in the Board Chambers , Room 107, County Administration Building,
651 Pine Street, Martinez, California, at 2:00 p.m. on Tuesday,
March 2, 1993.
This is my second time that I requested the Board of
Supervisors to change the hearing date to some day. in May 1993.
I want the hearing date (March 2, 1993) to be reschedule in
May 1993.
RECEIVED
S ' cerely
B 1 TW
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Enclosed:
1) Notice from Board of Supervisors
dated February 3, 1993
2) Letter to Board of Supervisors (Request for Rescheduling
Appeal Hearing) dated February 5, 1993
I
T he Board of Su ne0sors C tra PM ''°'
r t Cluk of Ma DowPM
d
WKI
County Administration BuildingCOSta
4351 Pine St., Room 106 ^_- -�
(415)372-M71
Martinez, California 94553 C
TOM Powe s, 1st District
kancp G Fanden,2nd Distnct
Robert I.Schroder,3rd District:
Gunn@ Wright NePeek,4th District
Tom ToAkikson,51h District
February 3 , 1993
Hang Sy Ly
270 West 9th Street.
Pittsburg, CIS 94565
Appeal to Board or 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 : 00 p.m. on
Tuesday, March 2 , 1.993 .
In accordance with Board of Supervisors Resolution No. 79/28,
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.
17cry trLly our ,
PHIL BATCHELOR, Clerk nf the Board
of Superv' ors nd County Administrator
By
An ervelli , e uty Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
The Board of Supervisors iiang Sy Ly
County Administration Building 270 gest 9th 6t
651 Pine St. , aoom 106 Pittsburg, CA 94565
Martinez, California 94553 2ebruary 5, 1993
tlequest for itescheduliiig appeal .-iearing
1 have a hearing for appeal before the Board of supervisors
in the Board Chambers , itoom 107 , L2ounty i�dministration Building ,
651 Pine street , -:artineza , California , at 2: 00 p.n;, oil Tuesday ,
march 2 , 1993.
I requested the Board of :;u ervisors to change the hearing
date to some dad. n ''-'a • 1'_ 93. want the nearing date (,parch 2 ,
1993 ) to be resc}�(=duce in :•iay
4cer!."n c lc,s ed:::otice- from 3c.e,rJ of -upervisor-s
date,3 r'ebruary 3 , 1993
y
In
ON
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ON
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: February 3 , 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 Hang Sy Ly
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 : 00 p.m- on Tuesday, March 2 , 1993 .
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept.
40Douglas Drive
i
ButchoW
The Board of Supervi s Contra a�
of to Board
ow" a�
and
County Administration Building Costa N+A rnZ171
651 Pine St., Room 106 n,.,' ,
Martinez, Califomia 94553 Cxyj
nty
Tom iowef tst District
Nancy C.Fohdw%2nd District
Hobert I.Wvodar,3rd District
Sunrw Wright Mcftek,4th District
Tom Tortakson,5th District
February 3 , 1993
Hang Sy Ly
270 West 9th Street
Pittsburg, CA 94565
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on
Tuesday, .March 2 , 1993 .
In accordance with Board of Supervisors Resolution No. 79/28,
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 IrL and County Administrator
By U0 ,
An ervelli, a uty Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
1
031-1y DY -Y
Clerk - f t1:(, RECEIVED
651 P i n e tri`t 7',. .`est 9th 6t
M,=rtinC'7 ?41�C_ 1 JAN 2 91993 'ltt burg , Cori 94565
January 28, 1993
CLERK BOARD OF SUPERVISORS 550-69-3862
CONTRA COSTA CO.
orY eci=ion
I request f:,r aDpeal of t1he evidentiary rieariny i:ecision
dated January 6, 1993 t:-, th(L �. ontra Costa k:ounty joard of
Supervisors because:
1 ) I am dissatisfied with the evidentiary Tearing decision
dated .;�anuary 6, 1993.
a ) Before the in the waiting room, 1
requested :Tobin w :a i.s b3th) t'c;e --unty ;erre_ontative and
my eligibility w:)rker tc _hinge the \iietna;nese interpreter ,
Kim Le, to someone else :because the last time on ,,,ay 28, 1,992
Kim Le was my translator for a rcinvestigation appointment, and
she did not do as: job. i ,,nen,, the social service JepartMent
in Antioch ha-i a Ji t-loi:iiose translator named :�ich '.Lhuy, but my
eligibility work• .r:"bin 11,anni denied my rE,que?t to change
translator. In thy- _.- identiary :rearing roo;rn before the hearing ,
I reauested jffic;,r :,en Adams to change my ✓'ietnamese
translator i:im ;.c, to ai,otlher person, but he also denied my request.
He only allowed 9•-�, to tape record the Lvidentiary ,iearing.
b) lluriny the heariny , my eligibility worker ,robin i�anni
(lid not ask me anytbina about . the case, and Appeals officer
Ken Adams also :lid not asp me anything. Pie showed me the Interagency
Request/Referral dated i0- L'-92. i.e wanted ane to go home and
write an opinion about the Interagency .request/,referral dated
10- 28-92. 1-:e then gave me hlbusiness card with his name,
address , and phone number. ;•:y eli_ai:`i City worker :robin panni
gave me a copy of both sides of the interagency ,request/rteferral.
Appeals officer i'en :,da;r.s told ine i had to mail the opinion to him
before a date he wrote on the oact; of his business card. •Ihe date
on the back of his business card was Jecember 24, ij,92, I sent
the opinion to hi:n on :_;e(:e;-.iber 2i , 1992.
2 ) Prom the time 1 received the 6upple,-,iental security Income
,lotice of i<econsidera`ioi-i- ij.isability dated August 31, 1992 , to this
day, I still believe it was iliegal. It violated the .»A vublication
No. 05-11008. I wrote: sonic letters to the Pittsburg oocial Security
Administration :i1y request to dismiss the Jot notice of
Zecon:ideration- .i cl)il;.ti dated ,_,.1u-,just 3-L , 1992.
3) ;y SSI case is stili �lornirjy an.i continuous to this day at
the 33A Pittsburg an-1 ; nover received any notice a'Dout my J.Di
case being close to this day f rom the i'ittsburg.
4) Claims tlepresentat.:.ve, xr. coremLAn , of the Pittsburg wanted
me to complete a sec,)nu:1 t_L.ne the irecor.sideration forms. i am still
on the level of Aeconsi< eration.
Certified ;.'.ail ( ,, 157:; 6,3- 331 ) 4erly
Return �2Pceipt itequesteci
Enclosed:
1 ) Interagenc y :xequest!.:< terrai E'12 ; ?0-9�
2 ) My 1• ttE r torit��'eo 1= .7 icer i,e-n c%da;nis doted Jtce.nber 21, 1'J'9L
�ce, LContra Costa Coun TERAGENCY REQUESTIREFERRAL Social Ser , ar, m7et
OXComplete Items Checked and Return Action Only Irformation 0
I. IDENTIFICATION
NAME (last, irst, middle) BIRTHDAOC. SEC. NO. CASE CATEGORY
07-,F. 0Aged QBlind -
ADD SS (str city, p PHONE S Disabled.
2,70 A)• fg � /S d Ineligibl
SPOUSE/PARENT, IF CHILD X BIRTHDATE SOC. SEC. NO.. CASE SPOUSE'S .CA RY
07- Aged ind
ADDRESS (if different from above) Zf9abled
neligible
II. REQUEST - -RESPONSE SSA: COMPLETE SECTION A. FOR ALL RE UESTS SS com letes . B-on all
A. REPORT SSI/SSP Approve h•o£ entitlement
requests) ,
ELIGIBILITY nding. Appliiion-date
STATUS Denied on.
D Initial Applicat on Reason
Terminated/Suspended. Last nth o entitlement
ea plic Reason
Reconsideration/ Q No record -on computer- as of / ...�. .
earn Appeal FITS: SSI/SSP SSA $ includes buy-in t
.OTHER INCOME?. !: [] Yes Na ❑ Unknown
Q
B. REPORT WELFARE AFDC .GA -Total Grant.$- ..
PROGRAM. AND STATUS Share of Grant $. SSP-14 eigned,on I- :/,
(Enter case 'number . (Ref: DM 46-300) Blil Tatal.Gr-ant$.:
Stepparent Income Used ( ) Yes (. ) No Medi-Cal Only.. ;,
in Section I. above.) Source Nonassistance. Food
Amount $ Stamps Only
STATUS: { } Beginning Date of Aid / /. { } Not Aided by County ii�
{ ) Discontinuance Date 1 1 { } Appiic.•Pend: Cat. ,
C. ISSUE MEDI-CAL CARD FOR Month/Year / Medicare Number `
Special Circumstances Medi-Cal ,{ } Retroactive ( } Current
D. PROCESS APPLICATION FOR Aid GA AFDC F S Claim No.
E. OTHER
tNIT R OF FORM OFFIC PHON UNIT/PCN DATE
1, - ? OVz94
RES ONSE C MPL ED BY OFFICE PHONE },T/PCN DATE
1II. AUTHORIZATION TO RELEASE INFORMATION see re erse
=A. I hereby authorize release of information identified above to ."the Contra Costa ounty .
Social Service Department. I have read the reverse of this form and understand the
information will be used for:
SIGNATURE OF APPLICANT/RECIPIENT -DATE
;IGNATURE OF WITNESS (If signed by a mark.) DATE
B: ROUTINE DISCLOSURE: ( ) AFDC ( } Medi-Cal ( } BHI ( ) IGAR
ROUTING ON REVERSE Copy �6 2: To Other Agency
.BD 602 (Rev. 7/$2) Ref: Dw t )00 -'' 3: Control, File #2 {
(Discard after response.)
{
Woo
ROUTING INSTRUCTIONS
TO SOCIAL SECURITY OFF E: TO SOCIAL SERVICE DEPARTMENT:
E] Muir Road Office
Office ❑
40 Black Diamo 94565 30 Muir Road
S
PittsburgP i
4
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0
IA
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Black
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b
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SECURITY L T
am
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0
OFF
F E
ce d 9 4_56
.0. Box 163 Martinez, CA 94553
0 walnut ce Rodeo community center
19 Mt I
942 Mt. D ablo Blvd. 945S96 525 Second Street
(P.O. Bo 5306) Rodeo, CA 94572
❑ B r 1 Office
erkel Office Richmond Office - ❑ San Pablo Office
1950 ,University Avenue 94704 5-Macdonald Avenue 3630 San Pablo Dam Road
mond Office
E] Rh d._-CA--_94805 El Sobrante, CA 94803
Ric m �ichmon'
130MacDonald Avenu 9480 office
4545 Delta Fair Blvd.
fj
Antioch, CA 94509
CONSENTTO�DISC�L �. �NFORMAT'f*0N'
The Federal Privacy Act of 1974 imposes restrictions on the acquisition and release of infor-
mation from and about individuals by all Federal agencies. The law provides civil and crimi-
nal penalties for any individual or agency which willingly and knowingly releases individually
identifiable information that is otherwise restricted. The Social Security Administration
must document each disclosure, and consent for release ir% required in most instances.
An individual's consent is required for release of information needed to administer or deter-
mine eligibility to:
General Assistance (not Pending SSI/SSP)
Food Stamps
Aid to Potentially Self-Supporting Blind (APSB)
*Social Services (Title XX)
Authorizations to disclose information must specify what items are being requested and the
purposes for which the information is to be used.
*FOR IN-HOME SUPPORTIVE SERVICES PROGRAM: If the Social Security Administration concurs with
the Social Worker's determination that compelling circumstances exist, information may be
disclosed pending SSA's receipt of the client's authorization to release information.
INSTRUCTIONS FOR COMPLETION OF SECTION III OF ABD 602
Space is provided in Section III. of this form for an applicant or recipient to authorize the
release of items specified on the form. . The applicant/recipient must check the box and then,
sign and date the authorization after the purpose(s) for which the information can be used
have been specified (Section III . A.)
NJ signature is requi,--ed for totitin( disc'.rsure. (Ch_:7k bo)- in section 111. B.)
ABD 602 (Rev. 7/82) Reverse
ildlj C 1 UL L
Ken Adams iiang Sy Ly
Fraud Prevention flanager 270 gest 9th St
Social Service Department Pittsburg, CA 94565
Administrative Offices vecember 21, 1992
40 Douglas Drive iSrV: 550-69-3862
Martinez , California ' - 5?-4:)66
U EC LARA'T 1 UN
The first time that I saw the "interagency Request/Referral"
dated October 28, 1992 wa� inside the r;videntiary 'clearing Room
on December 17, 1992.
Following the rule, before the response to Section Il.A and
Section II . E of the form "Interagency flequeet/i<eferral" dated
October 28 , 1992 are completed, the form; requires my consent and
my signature to be valid. Because the form "interagency Request/
Referral" dated October 28, 1992 did not have my writing and signature
in Section lila, i do not have any legal responsibility for the
form "Interagency lequeet/Referrai" dated uctober 26, 1992.
And the foram "Interagency r<equestj,:eferral" dated October 28,
1992 does not truly reflect my present status .
Marilyn A. Sanders wrote in Section 11 . 8, other of "Interagency
Request/Referral " ;.fated October 28 , 1991 this !tateiment:
"Claimant reports he has filed for ;administrative r-iearing. "
The above statement is false because to this day 1 have never
filed for Administrative bearing nor to this day have I ever
reported that 1 have filed for Administrative iiearing. 1 can nit
file for an Administrative Hearing beca::se the notice of
Reconsideration d:3tec1 :august 31 , 19'92 wa • illegal. it violated
the SSA Pu.h.)licati.-.:. ::j. 05-11000. 1 G... =till on step i :iteconsideration.
There are ra;% c.;.�mples when Vi. �ai,ders write false
statements in letters t.�,, me., and j. have rt__-F)iied to her in letters .
I will enclo:e. these letter_, with ti;i.= letter for your
reference.
I :c°ctinnI1 .A. Supervisor
n the
Stein of th= i)itt: `2,11 ,_j :'('IaJ .ity �a : ii.istratlon boxed ti.e
word "lieari.ng" a 1-•t, r.
3upervi=Jr _:ttt ..f: c f; >uIcl :).,:1 1---Oxe3 In l:cci: l:i j because
the SSI notice o. da`-13 �.uyu3t 3i , 1992 is illegal.
It violated tine _»:', L'ubLicatioii ::o. U5-11003. 'Therefore 1 am
still on step not on. stem 2: Administrative
Hearing.
In the "Interagency request;Aeferr�il%yin Section 11:'E.
Supervisor Stein wrote this statement:
"Recon denied. Fie has not filed a Hearing. He thinks he should
have an informal conference. "
Supervisor -�tei:, is aware that before November 3, 1992, ;
wrote to her two letters dated October i9; 1992 and October 24, 1992.
I wrote a letter to Mr. Gorman, . Claim.s Representative, on October
1.5, 1992.
Supervisor :Mein is aware that before -November 3, 1992 that
I wrote five letters to a Supervisor of the Departm?nt of Social
service:, P.O. 1:D% 1£;217, :iacramento, CA 95812. The five letters
dated September 8, 1992, September 18, 1992 , September 25, 1992,
October 3. 1992, and October 9 , 1992.
I wrote ti tters to a Supervisor of Department of Social
Services , 744 P Street , �acrameiito, CA 95814 dated uctober 1, 1992
and November 11 , 1992..
In all. my the mc,ininyl ui very clear that:
1 ) In my "Reque:-t foi :recon:i ;ioration" dated July 20 , 1992, it
is very clear that I di3 riot appeal any medical decision.
Therefore I am eligible to choose an informal conference of
Reconsideration.
2 ) I still bell •,,e the _i.1 notice of roconsideration dated ;.ugust
31 , 1992 is iilec;al, 1t violated the publication :�o. 05-11008.
3 ) I requester? to �.)vertLrn tht:, �S1 nc:tic.e of flec0nsidEration dated
August 3 _ , 1. :?�', i ec;uested to regain the right to an informal
conference ::)f ;:oc.'orls ideration as stated ;n thi:,. Publication
No. 05-1100. _ M ill believe that I am Mill on step 1:
reconsideration as stated in the Publication No. 05-11008.
3inc r ,ly,
k�m
Certified mail ( P 15968i 503) _
Return Receipt �Zeque:ted Clang S
Enclosed:
1 ) Interagency Request/:referral dated October 28, 1992
2 ) M. Sanders Letter to ine dated October 21, 1'992
3 ) M. Sanders L.ettr_•r to me with no date
4 ) My reply to IN. .ganders datE:d ovember 16, 1992
5 ) M. Sanders lettr to me dated uec. io , 1992
6) My reply to sanders dated December _L2 , 1992
7 ) Letter to Stein -?ate d October 19 , 1992
8) Letter to .stein dated October 24, i'_'J,2
9 ) Letter to Gorman dated October i5, 1X92
10) Letter to 3upervisor dated October 9 , 1992
11) Superivo is r o-piy to me gated uct-oer 13, 1'99:'
12) Letter to Su.-_�ri•,%osr at 744 v itreet dated uctober 1, 1992
13) Letter to at 7-14 dated i4ove,Tioer 11 , 992
14) Supervisor ' = red; i.y to me bated Lect:mber 7 , 1992
BOARD OF OERVISORS OF 'CONTRA COSTA COU 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 ,l)epartment)"*
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 ,.Offlcer. The board will
not allow the parties to present new facts at time or appeal,
either orally or In writing, and any such presentation will be
disregarded.
If the .facts upop whlch .the. appeal Is based are not In
dispute, or if any.,di3puted,.rapts)-are' not relevant to the Issue
ultimately to be decided by .the e6iid*,* the Board will proceed'
immediately to the next 'atep'-aLthouticons1dering fact questions.
The parties may stipulate ,to-"an i0eed bet of facts.
4. Once the facts are detirimjned.2, or if there are no fact"
determinations re'quired.'Vj iKq4Aa�t-&&l, - the Board will consider
legal Is suds ,presented- by-'the:,-a'P"ptal. 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,.Boardr:' If the issues are susceptible
of immediate resolution, thi *--Boirq may, If it desires, 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.
RESOLUTION NO. 75/28
. J •
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 Hoard,
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 . .'
6. 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 •pounsel ;to draft a proposed decision
for its consideration. � 4
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 6t fact and summarizing the
reasoning of the proposed decision. 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.
j PASSED on January Ili , 1975, unanimously by the Supervisors present.
enTIPIED COPY
I certify that this Is a full, true ! correct copy of
the original document which L on file in my office,
and that it was passed ! adopted by the Board of
Supervisors of Contra Costa County, California. on
the date shown.ATTEST: J. R. OLSSON, County
Clerk!e:officlo Clark of said Board of Supervisors,
b7 Deput Clerk.
an .i e N i 4 1975
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
RECEIVED
C 1 e r k f tt he- '-iia a r 7- .-[at �y Ly
651 Pine L�treet , wam 1.0 270 "est 9th St
,Martinc-z , C,.^ 945 C,3 JAN 2 91993 Pittsburg , CA 94565
January 28, 1993
CLERK BOARD OF SUPERVISORS 550-69-3862
CONTRA COSTA CO.
.",Ippea 1 of -vi-.ient iary iiearing I)ecision
I request for aopeal of the Evidentiary Hearing L)ecision
dated January 6 , 1993 to they Contra Costa Courity i3oard of
Supervisors because:
1 ) 1 am dissatisfied with the -L:,videntiary L-Learing decision
dated January 6, 1993.
a ) Before the Evid-znitiary hearing in the waiting room, I
requested i)obin �4anni who is both the -(-unty i<epresentative and
my eligibility worker ( 4�2.ru) to change the Vietnamese interpreter,
Kim Le, to someone else because the last time on nay 28, 1992
Kim Le was my translator for a reinvestigation appointment, and
she did not do at-, a(ik�quate job. I knew the social Service Department
in Antioch had a vietnarnese translator named Bich -ehuy, but my
eligibility worker xobin Nanni denied ii'iy requeet to change
translator. In tbp --videntiary il-iearing room b-,-fore the hearing ,
L recTuested ,Vpeals ifficer xen Adams to change my Vietnamese
translator Rim 1-e to another Everson, but he also denied my request.
He only allowed me to tape record the r,videntiary iiearing.
b) During the hearing , My eligibility worker :robin Nanni
did not ask me anything about the case, and .Appeals officer
xen Adams also did not as..K me anything. Ae showed me the interagency
Request/iZeferral dated 1.0- Z3-92, iie wanted me to go home and
write an opinion about the Interagency ,request/,refer-al dated
10- 28-92. He then gave me his business card with his name,
address , and phone number. my eligibility worker dobin i�anni
gave me a copy of both sides of the interagency xequest/deferral.
Appeals officer !\'en "\da;n& told me 1 had to mail the opinion to him
before a date he wrote on the back of his business card. - be da.te
on the back of his business card was December 24, 1992. -1 sent
the opinion to him on D'ecember 21 , 1992.
2 ) 1;'rom the time 1 received the ziupplementai Security income
Notice of Reconsidera-tion- Disability dated August 31, 1992, to this
day, I still believe it was illegal. it violated the SSA Publication
No. 05-11008. 1 wrote some letters to the Pittsburg Social Security
Administration about my request to dismiss the 36i notice of
Reconsideration- 'Disability dated August 3-L , 1992.
3) ,.,,y SSI case is still working and continuous to this day at
the SSA Pittsburg and I never received any notice about my 3,DI
case being close to this day from the Pittsburg.
4) Claims tZepresentative, [,,Ir. Goreindn, of the 66i, Pittsburg wanted-
me to complete a second time the i<econsideration forms. I am still
on the level of lecorioideration.
Certified ;.',ail ( F, 15,-') 6811 331) 6 ' ereiy
Return Receipt Requested
ereiy
1.a rl
ID,
Enclosed:
12-
32
1 ) Interagency kequest/;referrai 602- ) da 2,6-1
2 ) my 1,-atter to Appeals Officer Ren ,dams dated -December 2i, 1992
Contra C Coun� INTERAGENCY REQUESTREFERRAL Social Service, t
✓ r
Complete Items Checked and Return Q Action Only Information 0 1
... y....
I. IDENTIFICATION '
NAME (last, irst, middle) BIRTHDATE SOC. SEC. NO. CASE CATEGORY
Z 07- ~ RAged 0"Blind
ADD SS (str city, p PHONE S Disabled /
f /S Inelgibl 7) .
SPOUSE/PARENT, IF CHILD BIRTHDATE SOC, SEC. NO., CASE SPOUSE-'S CA RY
07- Aged -$ ind
ADDRESS (if different from above) sabled
neligible
I.I. REQUEST - RESPONSE SSA: COMPLETE SECTION A. FOR ALL REQUESTS-7 SS com letes . B-an all
A. REPORT SSI/SSP Approve Ii of entitlement requests)
ELZGIBII:ZTY -P nding. Applisat-ion-date J'..
iReconiidera
US Denied on..- -__" J
nitial Applicat on Reason
Q Terminated/Suspended. Last nth o entitlement
ea p c Reason
QNo record on computer-.:.as oftion/ FITS: SSI/SSP SSA $ includes buy-in t
eerie Appeal OTHER INCOME?..." U Yes UNo
❑ Unknown
Q.B.. REPORT WELFARE Q AFDC Q .GA Zo,tal Grant.$
PROGRAM. AID STATUS Share of .Grant $. SSP-14 signed,on ,•( ./
(Enter case number _ (Ref,: DM 46--300) BIJI T.otal:G.rant.$,,
Stepparent Income Used ( :) Yes .(, } No Medi-Cal Only
in Section I. above.) ..Source . Nonas.s.i.stante Food..,;,.,
Amount $ Stamps Only
STATUS: { ) Beginning Date of Aid 1 ./. _{ ) Not Aided".by County. w;r.
( ) Discontinuance Date 1 / ( ) Applic.•Pend: Cat.
C. ISSUE MEDI-CAL CARDFOR
/ Medicare Number
D. PROCESS APPLICATION FOR Special Circumstances Medi-Cal ( ) Retroactive ( ) Current
GA AFDC F ) " S Claim No.�
E. OTHER
t .Y- 'l-...•6''��/.. C.�Y"�`--c-�' �.�� "�-� .^ r, !�- _��f-"'!'G; L.--'l{..�. r.'. ../.,..._"SC"`-'-'..'.-._ 1
alA
INIT R OF"FOAM OFFIC PHON UNIT/PCN DATE
® ? ' _ 22
RES ONSE COMPUTED BY_. OFFICE � PHONE IIT/PCN DATE
III. AUTHORIZATION TO RELEASE INFORMATION (see re erse)
Q A. I hereby authorize release of information identified -above to-the Contra Costa Cbunty
Social Service Department. I have read the reverse of this form and understand the
information will be used for:
''3,IGNATURE OF APPLICANT/RECIPIENT DATE
;IGNATURE OF WITNESS (If signed by a mark.) DATE "
Bi ROUTINE DISCLOSURE: ( ) AFDC ( ) Medi-Cal ( ) BNI ( ) IGAR
ROUTING ON REVERSE Copy �& 2: To Other Agency
BD 602 (Rev: 7/82) Ref: DF b J00 "+...._,; 3: Control, File lit
(Discard after response.)
j
-WO ftmao
ROUTING INSTRUCTIONS
TO SOCIAL SECURZ
E: TO SOCIAL SERVICE DEPARTMENT':
Pittsburg Of }. ❑ Muir Raad pffice40 Black Di565 30 Muir Road
.0. Box 16Martinez, CA 94553
Walnut ❑ ❑ Rodeo Community Center
1942 Mt. D ablo Blvd. 94596 525 Second Street
(P.O. Bo 5306) Rodeo, CA 94572
Berkele Office [� Richmond Office San Pablo Office
--� _.�
1950 Pniversity Avenue 94704Macdonald Avenue 3630 San Pablo Dam Road
Ric mond Office ,1 chmond,� X4805 EI Sobrante, CA 94803
I 3 MacDonald Avenu 9480 Office
4545 Delta Fair Blvd.
Antioch, CA 94509
r CONSENT TO DISCL F INFORMATION
-The Federal Privacy Act of 1974 imposes restrictions on the acquisition and release of infor-
mation from and about individuals by all Federal agencies. The law provides civil and crimi-
nal-penalties for any individual or agency which willingly and knowingly releases individually
identifiable information that is otherwise restricted. The Social Security Administration
must document each disclosure, and consent for release is, required in most instances.
An individual's consent is required for release of information needed to administer or deter-
mine eligibility to:
General Assistance (not Pending SSI/SSP)
Food Stamps
Aid to Potentiallv Self-Supporting Blind (APSB)
*Social Services (Title }IX)
Authorizations to disclose information must specify what items are being requested and the
.purposes for which the information is to be used.
*FOR IN-HOME SUPPORTIVE SERVICES PROGRA."i: If the Social Security Administration concurs with
the Social Worker's determination that compelling circumstances exist, information may be
disclosed pending SSA's receipt of the client's authorization to release information.
1
INSTRUCTIONS FOR COMPLETION OF SECTION III OF ABD 602
Space is provided in Section III. of this form for an applicant or recipient to authorize the
release of items specified on the form. The applicant/recipient must check the box and then,
sign and date the authorization after the purpose(s) for which the information can be used
have .been specified (Section III . A.)
NJ signature is requi:ed for toutin( disc".rsure. (Ch"-k be)- in section III . B.)
ABD 602 (Rev. 7/82) Reverse
• page I of 2
Ken Adams clang Sy Ly
Fraud Prevention ivianager 270 gest 9th 3t
Social service Department Pittsburg, CA 94565
Administrative Offices i)ecember 21, 1992
40 Douglas Drive J:JLV: 550-69-3862
Martinez , California u-:553-41068
U EC:LARAT 1 ON
The first time that 1 saw the "interagency Request/Referral"
dated October 28, 1992 was inside the evidentiary 'clearing Room
on December 17, 1992.
Following the rule, before the response to Section I1.A and
Section II . E of the form "Interagency Aequest/l:eferrat" dated
October 2.8 , 1992 are completed, the fore; requires my consent and.
my signature to be valid. Because the form "interagency itequest/
Referral" dated October 28, 1992 did not have my writing and signature
in Section 111.A, 1 do not have any regal responsibility for the
form "Interagency :bequest/Referral" dated ictober 28, 1992. .
And the form "Interagency itequest/i:eferral" dated October 28,
1992 does not truly reflect my present status.
Marilyn PI. Sanders wrote in Section 11 . t;. other of "Interagency
Request/Referral" dated October 28 , 1992 this statement:
"Claimant rePo.r is he has filed for ijdministrative riearing. "
The above statement is false because to this day 1 have never
filed for Administrative Hearing nor to this day have 1 ever
reported that. I have filed for iviministrative !searing. 1 can not
file for an Administrative Hearing because the »1 notice of
Reconsideration dated August 3i, 1992 was. illegal. it violated
the SSA Publicatio:-: ::o. 05-11008. 1 am still on step i:Reconsideration.
There are ;;,,any :examples when MI. Sanders write false
statements in letters to me, and .f have replied to her in letters .
I will enclose copies of these latter= with this letter for your
reference.
In the . "Inte-c',grricy itequest;Aef�=al " in Section I1 .A. Supervisor
Stein of the 11itt-czbui g 3oc.ial .)'ecur.i'ty 1-3u;iinistration boxed the
word "Hearing" it-i: a pert.
Supervisor _-t.ein hould not ;gad bo:tied in ileariny because
the SSI notice of tieconEi.de.ration dated rugust 31 , 1992 is illegal.
It violated the :»rl Pub.lication No. 05-11008. Therefore 1 am
still on step 1 : :�econsideratiori , not on stem 2: Administrative
Hearing.
In the "Interagency request/iteferr•.i%,in Section II:'E.
Supervisor Stein wrote this statement:
"Recon denies]. He has not filed a hearing. He thinks he should
have an informal conference. " Y
Supervisor -Stein is aware that before November 3, 1992, I
wrote to her two letters dated October i9 ; 1992 and October 24, 1992.
I wrote a letter to ivir. Gorman, Claims Representative, .on October
1.5, 1992.
Supervisor Stein is aware that before -November 3, 1992 that
I wrote five letters to a Supervisor of the Departm?nt of .Social
Services , P.O. Sox 1827 , Sacramento, CA 95812. The five letters
dated September 8, 1992 , September 18, 1992 , September 25, 1992,
October 3. 1992, and October 9 , 1992.
I wrote tv,% .,tters to a Supervisor bf Department of Social .
page 1 of 2
Services , 744 P Street , Sacramento, CA : 5814 dated October 1, 1992
and November 11 , 1992.
In all. my letters , the 111E`011iny: are very clear that.
1 ) In my "i�eque:-t for Reconsideration" dated July 20 , 1992, it
is very clear that I did not appeal any medical decision.
Therefore I am eligible to choose an informal conference of
;reconsideration.
2 ) I :till beli_ve the SS1 notice of iteconsideratiori dated f:ugust
31 , 1992 is illegal. It violated the :»A Publication r1o. 05-11008.
3 ) I requested to overturn the SSI notice of ,recorisideration dated
August 31_ , 1994". 1 requested to regain the right to an informal
conference of. 1tteconsideration as stated in the :-3,�A Publication
No. 05-11008. .1 still believe that I am still on step 1:
Reconsideration as stated in the Publication No. 05-11008.
6inc r ly,
Certified Mail ( P 159 681 503) _
Return Receipt Requested Hang 6
Enclosed:
1) Interagency Request/referral dated October 28, 1992
2 ) M. Sanders Letter to me dated October 21, 1992
3 ) M. Sanders Letter to me with no date
4) My reply to M. Sanders dated Lvovember 16, 1992
5 ) M. Sanders letter to me dated Dec. 10 , 1992
6) My reply to 1,i. Sanders dated December 12 , 1992
7) Letter to Stein crated October 19 , 1992
8) Letter to Stein dated October 24, 1992
9) Lett,�r to Gorman dated October 15, 1'tiy2
10) Letter to Supervisor dated October 9 , 1992
11) Superivosr ' s reply to me dated October 13, 1992
12) Letter to Superivosr at 744 P Street dated October 1, 1992
13) Letter to Supervisor at 744 P 3tre-et dated November il , 992
14) Supervisor ' s repi.y to me dated December 7 , 1992
U�
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FROM: Perfecto Villarreal, Director
Social Service Department
DATE: March 23 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY MICHAEL SHUMAKE
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Michal Shumake's appeal of the General Assistance
Hearing decision.
BACKGROUND:
Claimant filed request for Hearing on December 16, 1992. The hearing was
scheduled for January 28, 1993. The claimant did not appear for the hearing,
nor did he present evidence of good cause for failing to appear; no
postponement was requested.
Signature:
ACTION OF BOARD ON April 6 , 1993
APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by the Clerk of the Board of Supervisors
for hearing of the appeal by Michael Shumake from the General Assistance
Evidentiary Hearing decision. Jewel Mansapit, General Assistance Program
Analyst, Social -Service Department, presented the Department ' s recommendation
for denial of the appeal . The appellant did not appear to testify. The
hearing was closed. IT IS BY THE BOARD ORDERED that the staff recommendation
is approved and the appeal by Michael Shumake is DENIED.
VOTE OF SUPERVISORS:
X UNANIMOUS (ABSENT I , Iv )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
ENTERED ON THE MINUTES OF THE BOARD OF
cc : County Counsel SUPERVISORS ON THE DATE SHOWN.
Social Service Dept.
Michael Shumake
ATTESTED April 6 , 1993
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVI ORS ND COUNTY ADMINISTRATOR
BY a , DEPUTY
Please reply to:
Social Service Department Contra
40 Douglas Drive
Perfecto Villarreal Costa Martinez,Cahforn,a 94553-4068
Director
County
n
o
rT^ coil+�
EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL
IN THE MATTER OF: County #07-92-424812-W4JB
Date of Notice: 12/11/92
Michael Shumake Date of Action: 12/31/92
524 Second Street Filing Date: 12/16/92
Richmond, CA 94801 Hearing Date: 1/28/92
Aid Paid Pending? YES
STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for January 28, 1993 .
Claimant was duly notified of the date, time and place of Hearing
via letter dated January 15, 1993. Claimant failed to appear for
the Evidentiary Hearing; no postponement was requested.
REASONS FOR THE DECISION
Department Manual Section 22-300, V, A, 3 states that if claimant
fails to appear for an Evidentiary Hearing without previously
arranging for a postponement, the claim may be dismissed. The
originally proposed action shall take place 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 in
writing, within 30 days of the date of this Decision appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appeals to the Board of Supervisors must be filed in writing with
the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must
submit you appeal within 30 days of the date of this decision. AID
PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT
AVAILABLE.
Date: February , 1993 Barbara R. Weidenfeld
Social Service Appeals Officer
BRW:gs
Contra Costa Social Service
County EVIDENTIARY HEARING RECORD Department
Date Printed: 12/21/92
Case No: 92-424812 r State Hearing No:
Claimant Name: SHUMAKE, MICHAEL
Case Name: SHUMAKE MICHAEL
Address: 524 Second Street
Richmond, CA 94841
Region: 01 West County
Telephone:
Authorized Representative:
Firm or Agency:
Address:
Telephone:
EW PCN: W4JB . ES PCN: W4JO Appeals Officer:
L
'Filing` Date: 12/16/92 Notice Date: 12/11/92 Action Date: 12/31/92.:.
- t.
Hearin Time:.; : 1a . Dis osition..Date s
g: g: P
1
Days elapsed from 'Filing :to::.Hearing: 5
g to Disposition:Days elapsed from Hearin s : . Q
> �
Total :Process` s•
�n da : 5 ,x
_ g Y
s
,
Program: G04 GENERAL ASSISTANCE__. GAaPDS.-. .:
Point At: Issue: GA GAADS Failure
Issue Note: . .
Aid Paid Pending: Y Amount: $d
Disposition:
Remarks:
Alf-
LA
` [ , A 4 4040A R�_
(Revised 11/92)
$cicial Service Department Contra Please reply to:
Perfecto Villarreal 40 Douglas Drive
Director Costa Costa Martinez,California 94553-4068
County
E t
1/15/93
MICHAEL SHUMAKE
524 Second Street
Richmond, CA 94801
Re: 424812 EW: W4JB
Filing Date: 12/16/92
Dear MICHAEL SHUMAKE
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: 1/28/93
Time: 9:00 AM
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 serve 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 OFFICE
BRW:gs
Conti a(ostaC`ounty ROUTE SLIP Social Wiwe Department !
y
N:. DATE:
Please Check Correct Add e I
❑ 40 Douglas Dr.,Martinez
❑ .30 Muir,Road,Martinez
❑ 1340 AmoldDrive#220,Martinez: ❑ Administration
(TrainingrAppeals)`,_ ❑ Area Agency on Aging
❑ 2500 Alhambia Ave.,Martinei ❑ !
❑ 4545 Delta Fair,-Antioch . ❑ 100 Glacier Dr.,Martinez
❑ 3431MacdonaldAve.,Richmond (Lion's Gate} ' .
❑ 1305 Macdonald Ave.,Richmond ' ❑ 2301 Stanwell.Dr.,Concord
D 3045 Research Cir.,Richmond (Centralized Closed Files)
❑ 3630 San Pablo Dam Rd.,El Sobrante (] 2450 A-Stanwell Dr.,Concord
i
❑ 525 Second Street,Rodeo' (YIACT)
❑ 330-25th Street,Richmond{PIC} ❑ i
OTHER DEPARTMENTS.
MARTINEZ. Q Auditor(Controller ❑ DA Family Support
Q County Administrator p Welfare Section p A:) DA Investigations
❑ Risk Management ❑ Health Services . ❑ Data Processing Services
❑ County Counsel '''. ❑ County Hospital ❑ Probation '
❑ Public Defender(ADO) 0 Ward ❑ Purchasing
❑ County Personnel, 0 CCC Health Plan O ❑
CONCORD WALNUT CREEK. RICHMOND JUVENILE COURT
0 Central Services ❑Office of Revenue Collection ❑Public Defender [j Antioch
❑Public Defender ❑ ❑ Q Richmond
❑ (3Martinez
❑ OTHER:
AS
Requested> ` `..: FOR ❑ Necessary Action NOTE & ❑ Return '
❑ Discussed o ^.; ❑ Information ❑ Discard
❑ Recammsndatian ❑ File
❑ Approval/$ignature
COMMENTS I a
FROM: PCN: . TELEPHONE NUMBER
R 2(Rev.2 92) ❑ SEE REVERSEFORADOfTIONAL COMMENTS
Social Service Department Contra Please reply to:
Perfecto Villarreal 40 Douglas Drive
Director Costa Martinez,California 94553-4066
County
.� SE._..
1/15/93.
�arS
MICHAEL SHUMAKE
524 Second Street
Richmond, CA 94801
Re: 424812 EW: W4JB
Filing Date: 12/16/92
Dear MICHAEL SHUMAKE
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: 1/28/93
Time: 9:00 AM
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 serve 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 OFFICE
BRW:gs
r
'
• 01
Contra Costa social Service
County EVIDENTIARY HEARING :.RECORD Department:
Date Printed: .12/21/92
� I
Case No: 92-424812 State Hearing No . .
Claimant Name: SHUMAKE, MICHAEL
Case Name: .SHUMAKE MICHAEL
Address: 524 Second Street
Richmond, CA 94801
Region: 01 West County
Telephone:
Authorized Representative:
Firm or Agency:
Address:
Telephone: _
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(Revised 11/92)
Please reply to:
Social Service Department Contra
40 Douglas Drive
Perfecto Villarreal Costa
Martinez.California 94553-4068
s
Director J
County
0"
EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL
IN THE MATTER OF: County #07-92-424812-W4JB
Date of Notice: 12/11/92
Michael Shumake Date of Action: 12/31/92
524 Second Street Filing Date: 12/16/92
Richmond, CA 94801 Hearing Date: 1/28/92
Aid Paid Pending? YES
STATEMENT OF FACTS
An Evidentiary Hearing was scheduled for January 28, 1993 .
Claimant was duly notified of the date, time and place of Hearing
via letter dated January 15, 1993. Claimant failed to appear for
the Evidentiary Hearing; no postponement was requested.
REASONS FOR THE DECISION
Department Manual Section 22-300, V, A, 3 states that if claimant
fails to appear for an Evidentiary Hearing without previously
arranging for a postponement, the claim may be dismissed. The
originally proposed action shall take place 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 in
writing, within 30 days of the date of this Decision appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appeals to the Board of Supervisors must be filed in writing with
the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must
submit you appeal within 30 days of the date of this decision. AID
PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT
AVAILABLE.
Date: February 4 , 1993 Barbara R. Weidenfeld
Social Service Appeals Officer
BRW:gs
z
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: February 25 , 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 Michael Shumake
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 : 00 p.m.on Tuesday, April 6, 1993 .
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept.
40Douglas Drive
00
it
( io ( C.. • 1 c, `�-
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RECEIVEp
FEB 16 W3
CLERK BOARD
CON TRq OST PERVIS
q CO• ORS
cot ua : : : _ : ; : _11 .� _ � , ; , , ! • •
The Board of SupervOrs Contra � t�of the DOW
County Administration Building Costa
(415)M4371
651 Pine St., Room 106
' Martinez, Califomia 94553 county
Tom Powers,1st District
Nancy C.Fanden,2nd District
Robert I.Selroder,3rd District
Sunne Wright McPeak,4th District
Tom Toriakson,5th District
February 25 , 1993
Michael Shumake
524 2nd Street
Richmond, CA 94801
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 : 00 p.m. on
Tuesday, April 6 , 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 T(d County Administrator
By JA---0 a
Ann Cervelli, eputy Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
BOARD OF ERVISORS OF CONTRA COSTA COUO, CALIFORNIA
I 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 71+/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 Hoard 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 presentation will be
disregarded.
If the .facts upop which .xhe. appeal is based are not in
dispute, or if any. dispute.d,,T,ap.ts;,are' not relevant to the issue
ultimately to be decided by the Eoard', the Board will proceed
immediately to the next -step,%.Xithout -co.nsiderinP 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::by the Board will consider
legal issues 'presented• by-`tha,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..Boardd , If the issues are susceptible
of immediate resolution, the .Board may, if it desires , 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
• •
06
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 .
6. Having made factual determinations , having received
advice on the legal issues, and having applied policy cons'idera-
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 contract with :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 deci§ion. 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 .
j PASSED on January 111 , 1975, unanimously by the Supervisors present .
MMED COPY
I certify that this is a full, true ! correct tory of
the original document which is on file to my offiee,
and that it was passed & adopted by the Board of
Supervisors of Contra Costa County, California. on
the date shown. ATTEST: J. R. OLSSON, County
Clerk k es-officio Clerk of said Board of Supervisors,
by Deput Clerk.
on -1e N 1 41975
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
--- --- -- - CLCRK BOARD
COIVTRA oOST PERVISORS
1 U\s `�--
RECEIVED
FEB 16 1993
CLERK BOARD OF SUPERVISORS
( ^ CONTRA COSTA GO.
a
H .q
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: April 6, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY SUSAN RIGHTER
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Susan Righter's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on December 22, 1992. The hearing was
scheduled for January 28, 1993, and the decision was rendered on February 9,
1993. The claim was denied.
Signature:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ACTION OF BOARD ON App i 1 6 , 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 by Susan Righter of the General Assistance
Evidentiary Hearing decision. Jewel Mansapit, General Assistance Program
Analyst, Social Service Department, presented :the staff recommendation for
denial of the appeal . The appellant did not appear to testify. The public
hearing was closed. IT IS BY THE BOARD ORDERED that the staff recommendation
is APPROVED, and the appeal by Susan Righter is DENIED.
VOTE OF SUPERVISORS:
x UNANIMOUS (ABSENT I , IV )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED April 6 , 1993
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERV ORS D COUNTY ADMINISTRATOR
,
cc : County Counsel BY jo DEPUTY
Social Service Dept.
Susan Righter
NOTICE OF PROPOSED ACTION COUNTY OF
GENERAL ASSISTANCE PROGRAIAJ N T R.A' C Ta GA 239 H.
A DEL:10/92
• 92 W 4 E
NOTICE DATE . . 12-1,Y9
'
CASE NAME R,1G'ITIrF' SUSAN
NUMBER 52-CO—
WOR I(ERNAMEz
A S_,
NUMBER
TELEPHONE,-." /t3.j
ADDRESS34-3 --'u� rl-cw G`I AL n 'A'/e.'JU
2IC:1M %;J CA. . 947.T
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X 83 L FL 1`US State Hearing:.. 1f_you.think th'is.action.is.wrong,'you.:
,.
izA'{3L3 fry. 74.Ft.05 can ask for a hearing.The back of this page tells how.
a not be' changed if you ask for a
efore this a .Your benefits--- hearingaction
place .............:..........
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HES► I1�IG RIGH- - - -- -
To.Ask Fora State Hearin :" .- HOW TO:ASK.FOR A�,STATE`HEARING``::'"'
g e
The
bestway to ask for hearing is fo;fill out this page andsend or tak
The right side of this.sheet tells how.'
it to:
0:'.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. Douglas D
Mar nei.CA 94553 4068 .:
® You have;i much shorter time to ask'fora hearing if you:want to keep
- U
your same.benefits. You may also call 1-800-952-5253:..
To Keep Your Same Benefits While You.Wait For a Hearing HEARING REQUESTI ;
You must,;ask.,for.a hearing before,the action.takes place...:.: I.0
Your Gash Aid will.sta the;sarr)e;until your earing:° :`,;:
want a hearing because:of an action by.the,Welfare.Departrrient
h
Y':,
of . County about my:
• Your Medi-Cal will stay the same until your hearing.
MV
0. Your Food Stamps will stay the same.until the hearing or the end of a Cash Aid ❑ Food Stamps ❑ Medi-Cal.
your certification period,whichever is earlier. El Other(list)
• If the hearing decision says we are right,you will owe us-for any extra
cash aid or food stampsyou t:.:•.._.
Y .90
Here's _
.. 's,why ,
To Have Your Benefits Cut Now . awe
,
If you want your Cash Aid or Food Stamps'cut while you wait for.a Q /
hearing,check one or both boxes.
�
O Cash Aid D Food Stamps
To Get Help �l
You can ask about your hearing rights or free legal aid at the state
information number.
Call toll free:.. 1-800-952-5253
If you are deaf and use TDD call: 1-800-952-8349
If you don't want to come to.the hearing alone,you can bring a friend,
an attomey or.anyone else.You must get the other person yourself.
You may get free legal help at.your.local legal aid office or welfare
rights group.
g I bring tM pe so._ a earl
a•'Cpsta Le al.Services Foundation.
Contr ..::
Central: East. West: ;. (name and address,if known):
Call 372=8209 'Call 439-9166 Call 233-9954
Other Information : . .
Child Support: The District Attorney's office will help you collect child r:: i ::!GII,'•c.:JJ?: �' ';;I ? +a {;..�..:a.ni''E4 LOr .'7.
support even'if,-.you are:not on cash aid:There is no cost.for this help. y:}!est.iud':;�}tc.:p�=:;:.r..�xlp2 8 ;sfl?r�J'
:._
:uf1::fF`!rY._
;V ,t•c�:,a :t_y'J¢_•',�tir,
If the now'collect child-su ort for ou,the .will keep doing so unless
t.r, ,r-�.,�y..c,;;;-tn:+ysw:u+:�F;yus:,y^•=w,.•'..•,:;��•';�:: '..
you tell:them in writing to stop:They will send.you any current support I need an interpreter at no cost
( �,.�;Jrn :-: .,::
}noney.collecteil.They.will keep past due money'collected that is owed to me.My'language or dialect;is.
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a f(3
SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY
TO; Jeanne Maglio, Chief Clerk Of The Board
Ann Cervelli, Deputy Clerk
FROM; Kate Quisenberry
Appeals Officer, Social Services Department
Appeals Division
SUBJECT; Susan Righter, Board Appeal
Filed 2/19/93
Attached is a copy of the Evidentiary Hearing Decision which Ms.
Righter is appealing.
Gen 9c (New 3/86)
Dcial Service Departmentple,wreplyto:
Contra ❑ Appeals
Costa (510) 313-1790
Perfecto=Villareal
Director County tl40 Douglas Dr.
my Martinez, Ca. 94553
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
4ppealsOfficer: &-Urbowix I<. 1 +</�1 �ilct �ir�Ct HearingOate:
'face of Hearing: ❑ Martinez ❑ Antioch '` Richmond
rhe proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury.
IN THE MATTER OF: Case#07- q '� -tip F qS�
f' Fling Date:/& -g 40-
Ar7 6 3 // > �1f � Aid Paid Pending! (Jearing IS Yes No
Ppb 6 D °nO ' VFW Date of Notice. �--
Effective Date of Action: J C,
RESENT:
Claimant County Representative(s): lV � �
❑ Authorized Representative(s):
I�p ❑ witness(es):
9, Other: 0111L 1" T an,
.CTION UNDER APPEAL:
Denial Discontinuance
❑ Application Date Effective Date
❑ Notice of Action Notice of Action
I'q Period of ineligibility i`n,P yrs
iUE:
Employment Requlrtm�nis ❑ Unemployability Requirements
Employability Assessment �y�3U�c1��-- rl Medical Verrfuatron
U Job Sear(l) `1 Unemployabilrly ASSeSSrne0 i
U V,ort;lari -1 AIRS a,,wsSmenl and partr(rpation
[ 1 lob Vu-U I itco lur l.ernr' 011ie(
EJ Vlli,;r
Gxxl Q::zs<. . . -
,,\yI l;i-11i;:i,
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.)
JURISDICTION (DM 49-700; DM 49-701):
Timely Filing of Appeal ❑ Challenge only to Regulation
❑ Untimely filing of Appeal : ❑ Issue Outside Scope of Program
Period Expired:
❑ Good Cause
EVIDENCE CONSIDERED :
Claimant Testimony ❑ Documentary
Pk County Testimony ❑ GA 34 Cooperation Agreement
Document Date:
❑ Assessment Appointment Notice
❑ Work Programs Notice
❑ Other:
DISPOS17IONAL FINDINGS/CONCLUSION.:
The-evidence and testimony having been heard and considered,the following findings are reached:
Claimant ec /did not receive notice of the particular assignment under review
P Claiman wa as not capable of understanding and meeting the particular assignment under review:
❑ Educational ❑ Physical ❑ Emotional (DM 49-102 IIB.)
OGood Cause (DM 49-111 II F)
❑ Good Cause Exists `E�f) Good Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled Job interview or Testing
❑ Mandatory Court Appearance
p Incarceration
❑ Illness
❑ Death in the Family
❑ Circumstances beyond Applicant/Recipient'scontrol
Willfulness (DM 49-1 1 1 11 Hl
❑ Willfulness Exists Willfulness Does Not Exists
❑ Failure was del,beralranointentional ❑ County rescndedwillfulness determination
❑ Failure wa�more than a single occurrence County failed to provide iv4ttret evidence to Z
❑ Failure was the result of intentional mistake/orn,ss,on establish w,ilfulness nQTD7*
m -
mom +hr�s pw LL4� .
❑ Failure v�a� in0,c 3[,vr Of a pattern of non-(OOperdl,On X Other �
(] Ec-d.l.tml- tris witl-aut masa-rble &a—ne 017 cDa-ne `+fin l� _t.tl�S_._ � .)i4"4. I.__C(
GENERAL ASSISTANCE EVIbENTIARY HEARING DECISION(cont'd)
SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
There is no dispute that the claimant was notified of the appointment in
question. She made an error in recording the date of the appointment.
Claimant's record shows that she has cooperated in all other
requirements and her testimony and demeanor demonstrated her intent to
cooperate. Claimant's appointment was for an individual assessment
appointment to provide a medical report; however, the claimant does no
claim any medical barriers to employment. She stated that she is more
than willing to participate in workfare and job club assignments.
Although, her failure was without good cause as defined by the
Department regulations, the failure was not willful.
ORDER:
x Claim Denied: ❑ Claim Dismissed:
❑ Aid shall be discontinued and the Period of Ineligibility
imposed.
x Aid shall be discontinued. The Period of Ineligibility shall
be expunged from the record. Claimant may reapply at any
time.
❑ Claim Granted:
❑ General Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility shall
be expunged from the record.
❑ Other:
x Written copies of the Order were issued by x mail ❑ at Hearing
❑ Additional Regulatory Authority was attached to the foregoing Order
7 —
Social Services Appeals Officcer 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, Room 106 , Martinez, CA 94553 . Appeals must be filed within
thirty (30) days of the date of the Evidentiary Decision.
No further aid paid pending a Board of Supervisors appeal.
CA" ;L2-L!
(onua(oiu(oZinty ROUTE .)LIP Social setvi(eDtp✓tilm►nt
TO: PCN: DATE:
Please Check Correct Address
❑ 30 Muir Road, Martinez ❑ 40 Douglas Dr., Martinez
❑ 1340 Arnold Drive#220,Martinez ❑ Administration
(Training/Appeals) ❑ Area Agency on Aging
❑ 2500 Alhambra Ave.,Martinez ❑
❑ 4545 Delta Fair,Antioch ❑ 100 Glacier Dr.,Martinez
❑ 3431 Macdonald Ave.,Richmond (Lion's Gate)
❑ 1305 Macdonald Ave.,Richmond ❑ 2301 Stanwell Dr.,Concord
❑ 3045 Research Dr., Richmond (Centralized Closed Files)
❑ 3630 San Pablo Dam Rd., EI Sobrante . ❑ 2450 A-Stanwell Dr., Concord
❑ 525 Second Street, Rodeo (Y CT)
❑ 330-25th Street, Richmond(PIC) ; &
OTHER DEPARTMENTS
MARTINEZ ❑ Auditor lController ❑ DA Family Support
❑ County Administrator WelfareSectior. p ❑ DA investigations
❑ Risk Manaqement ❑ Health Services ❑ Data Processing Services
❑ County Counsel p County Hospital ❑ Probation
❑ Public Defender(ADO) p Ward ❑ Purchasing
❑ County Personnel p CCC Health Plan C) ❑
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 6 ❑ Return
❑ Discussed ❑ Information ❑ Discard
❑ Recommendation ❑ File
❑ Approval/Signature
COMMENTS
FROM: PCN: TELEPHONE NUMBER
APPEALS 3-1790
R 21Rev.2/921 n crr arvrQcr me AnnsrrnauAz rn'AUFF c
t.
SOCIAL SERVICE DEPARTMENT - CONTRA COSTA COUNTY
TO; Jeanne Maglio, Chief Clerk Of The Board
Ann Cervelli, Deputy Clerk
FROM; Kate Quisenberry
Appeals Officer, Social Services Department
Appeals Division
SUBJECT; Susan Righter, Board Appeal
Filed 2/19/93
Attached is a copy of the Evidentiary Hearing Decision which Ms.
Righter is appealing.
RECEIVED
pqp 91993
RD
PE
CLER CONTRA rnSTA CRR
OVV
.ISORS
1
�Vew 3/86)
1pilly
social Service Department t��Ofltra ❑ AppPeals Please eak°:
Costa
(510) 313-1790
Perfecto-Villareal ^, , 40 Douglas Dr.
WU
. Director Martinez, Ca. 94553
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
Appeals Of ficer- Aa-rb ara k, C( � �i,l Hearing Date:
Place of Hearing: ❑ Martinez ❑ Antioch `�Richmond
The proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury.
IN THE MATTER OF: Case #07-
-�t l fi Filing Date:/X;2—�} a-
ol r 3 �nn1(f,,����� Aid Paid PendingHearing Yes ❑ No
B✓11 p a,b 6 0 l,� Date of Notice. a ' — �--
Effective Date of Action:
PRESENT:
Claimant �County Representative(s): /Nj . �j �
❑ Authorized Representative(s):
❑ Witness(es):
`{ Other: Ci L V►Bv11,r �� 0bf k y&7"
ACTION UNDER APPEAL:
❑ Denial Discontinuance
❑ Application Date Effective Date
❑ Notice of Action . Notice of Action _00 - CJ
Period of Ineligibility .V
ISSUE:
Employment RequlremEnts ❑ Unemployability Requirements
Employability Assessn,em �/�3�� /� ❑ Medical Verification
❑ Job Sear(h l] Unemployability Assessmenl
Vdorkfare Cl AIRS assessment and paniopation
❑ Job QuW I pied lui Could [-1 011ier
❑ (7111,•(
Good Oise
'� t•lillfzJ7>x-mss
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.)
JURISDICTION (DM 49-700: DM 49-701) :
Timely Filing of Appeal ❑ Challenge only to Regulation
❑ Untimely Filing of Appeal : ❑ Issue Outside Scope of Program
Period Expired:
❑ Good Cause
EVIDENCE CONSIDERED :
Claimant Testimony ❑ Documentary
71 County Testimony ❑ GA 34 Cooperation Agreement
Document Date:
❑ Assessment Appointment Notice
❑ Work Programs Notice
❑ Other:
OISPOSITIONAL FINDINGS/CONCLUSION-:
The.evidence and testimony having been heard and considered,the following findings are reached:
Claimant iilgjc � /did not receive notice of the particular assignment under review
Claiman wa as not capable of understanding and meeting the particular assignment under review:
❑ Educational ❑ Physical ❑ Emotional (DM 49-102 II B.)
Good Cause (DM 49-111 II F)
❑ Good Cause Exists `�f Good Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled Job Interview or Testing
❑ Mandatory Court Appearance
❑ Incarceration
❑ Illness
❑ Death in the Family
❑ Circumstances beyond ApplicanURecipient's control
.16 Willfulness (DM 49-1 1 1 n H)
❑ Willfulness Exists Willfulness Does Not Exists
❑ Failure was deliberate and intentional ❑ County rescinded willfulness determination
❑ Failure wa more than a single occurrence County failed to provide i"*4�er}t-evidence to
❑ Failure was result of intentional mistake/omission establish willfulness-� h hU �-0it u�
rewompLt
❑ Failure was inaicative of a pattern of non-cooperation Other
❑ Failtxe tas without ream-able cerise or emzise IS '� 64 �M.tf l/'b� /1 r+A�t t D►
F--j Other
. _ • •
GENERAL ASSISTANCE EVIbENTIARY HEARING DECISION(cont'd)
SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
There is no dispute that the claimant was notified of the appointment in
question. She made an error in recording the date of the appointment.
Claimant's record shows that she has cooperated in all other
requirements and her testimony and demeanor demonstrated her intent to
cooperate. Claimant's appointment was for an individual assessment
appointment to provide a medical report; however, the claimant does no
claim any medical barriers to employment. She stated that she is more
than willing to participate in workfare and job club assignments.
Although, her failure was without good cause as defined by the
Department regulations, the failure was not willful.
ORDER:
x Claim Denied: ❑ Claim Dismissed:
❑ Aid shall be discontinued and the Period of Ineligibility
imposed.
x Aid shall be discontinued. The Period of Ineligibility shall
be expunged from the record. Claimant may reapply at any
time.
❑ Claim Granted:
❑ General Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility shall
be expunged from the record.
❑ Other:
x Written copies of the Order were issued by x mail ❑ at Hearing
❑ Additional Regulatory Authority was attached to the foregoing Order
Social Services Appeals Officer Date
' 1
Program Manager, Appeals Date 7
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, Room 106 , Martinez , CA 94553 . Appeals must be filed within
thirty (30) days of the date of the Evidentiary Decision.
No further aid paid pending a Board of Supervisors appeal.
CAC 23frev_aed 6/92;
ContiaCwaCounty ROUTE SLIP souatsewKtDepartment
TO: PCN: DATE:. ..
Please Check Cared reu .
❑ 40 Douglas Dr.,Martinez
❑ 30 Muir Road,Martinez
❑ 1340 Arnold Drive#220,Mtartinei� ❑.Adminiitratian
(TrainingiAppeals) ❑ Area Agency on Aging
❑ 2500 Alhambra Ave.,Mar tinez ❑
❑ 4545 Delta Fair,Antioch ❑ 100 Glacier Dr.,Martinez
❑ 3431 Macdonald Ave.,Richmond (Lion's Gate)
❑ 1305 Macdonald Ave.,Richmond ❑ 2301 Stanwell Dr.,Concord
❑ 3045 Research Dr., Richmond (Centralized Closed files) . .
❑ 3630 San Pablo Dam Rd.,El Sobrante ❑ 2450 A•Stanwell Dr:,Concord
❑. 525 Second Street,,Rodeo (YIACT)
❑ 330-25th Street,Richmond(PIC) (]
OTHER DEPARTMENTS
t�
MARTINEZ r ❑ Auditor/Controller ❑ DA Family Support
County Administrator 0 Welfare Section p ❑ DA Investigations
❑ Risk Management ❑ Health Services ❑ Data Processing Services
❑ County Counsel 0 County Hospital ❑ Probation,
❑ Public Defender(ADO) p Ward ❑ Pur assn
❑ County Personnel ",.�� ❑ „_
CONCORD WALNUTCREEK RICHMOND JUVENILE COURT
❑Central Services ❑Office of Revenu#Collection ❑Public Defender [-j Antioch
Q Public Defender ❑ ❑ ❑ Richmond
❑ ❑.Martinez
❑ OTHER:
AS ❑ Requested fOR ❑ Necessary Action NOTE d, ❑ Return_
❑ Discussed ❑ Information ❑ Discard
❑ Recommendation ,;Ontra vOS#�t.tile
[3 Approval JSignature RE=CEIVED
COMMENTS 'AR 08 1
993
office of
-+�f A.uf' ini5¢rP"
ROM: PCN: TELEPHONE NUMBER
R 2(Rev.2/92) 13 SEE REVERSE FOR ADDITIONAL COMMENTS
r M1 � •
SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY
TO; Jeanne Maglio, Chief Clerk Of The Board
Ann Cervelli, Deputy Clerk
FROM; Rate Quisenberry
Appeals Officer, Social Services Department
Appeals Division
SUBJECT; Susan Righter, Board Appeal
Filed 2/19/93
Attached is a copy of the Evidentiary Hearing Decision which Ms.
Righter is appealing.
Gen 9c (New 3/86)
eply
ocial Service Department P1e"w`Contra Q AppealsealS -
Costa (510) 313-1790
Perfecto=Villareal 40 Douglas Dr.
Director CoU* Martinez, Ca. 94553
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
Appeals Officer: (3-r19Our A I\ , ( )t4ld Utfi,f Nearing Date:
Place of Hearing: ❑ Martinez (] Antioch Richmond
The proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury.
IN THE MATTER OF: Case #07- q -Lip f- q6-0-
I' fi Filing Date:/X-Ap--g a-
rl �j (( >fl 1yf� GLS / Aid Paid Pending Hearing og Yes ❑ No
�0� P ab Date of Notice: Cy
�--
Effective Date of Action:
'RESENT:
Claimant J�yk County Representative(s): /Njt� lZaec*0
❑ Authorized Representative(s):
❑ Witness(es):
` Other: �l,Q ti ltiBvY1, (� (1115Yts/Y&7"
kC710N UNDER APPEAL:
❑ Denial Discontinuance
❑ Application Date f�L\ Effective Date
❑ Notice of Action i5 Notice of Action
Period of Ineligibility y�
-)SUE:
Employment Requif mEnts [] Unemployability Requirerrments
Employability Assessniew, 111 301CI--�[ {� Medical Verification
❑ Job sear(II {1 Uriernployability Aswssment
❑ V✓orkfare AIRS assessment and par1g,palion
❑ Jot.)t)ull/I fled lu, L,,, c' C)Ilirr
❑
GoLyi Calse
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.)
.
JURISDICTION (DM 49-700; DM 49-701):
Timely Filing of Appeal ❑ Challenge only to Regulation
❑ Untimely Filing of Appeal . ❑ Issue Outside Scope of Program
Period Expired:
❑ Good Cause
EVIDENCE CONSIDERED :
Claimant Testimony ❑ Documentary
T, County Testimony ❑ GA 34 Cooperation Agreement
Document Date:
❑ Assessment Appointment Notice
❑ Work Programs Notice
❑ Other:
„l
OISPOSITIONAL FINDINGS/CONCLUSION-:
The evidence and testimony having been heard and considered,the following findings are reached:
Claimant i6jj ' /did not receive notice of the particular assignment under review
jgaaiman w as not capable of understanding and meeting the particular assignment under review:
❑ Educational ❑ Physical ❑ Emotional (DM 49-102 II B.)
Good Cause (DM 49-111 II F)
❑ Good Cause Exists `gQ Good Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled Job Interview or Testing
❑ Mandatory Court Appearance
❑ Incarceration
❑ Illness
❑ Death in the Family
❑ Circumstances beyond Applicam/Recipient's control
Willfulness (DM 49-1 1 1 II H)
❑ Willfulness Exists Willfulness Does Not Exists
❑ Failure was deliberate and+ntentronal ❑ County rescinded willfulness determination
❑ Failure wastmore than a single occurrence County tatted to provident-evidence to
Failure was the result of intentional mistake/omission establish willfulness-�y{rr� ;S n uA6r��'
❑ P�GtRn►n +hks by 1: Lures
❑ Failure was inolcative of a pattern of non-cooperation Other ��LlS Y61Qj
❑ Failte Ens uridrut reasa>able cause or enaise 4t,1;
GENERAL ASSISTANCE EVII)ENTIARY HEARING DECISION(cont'd)
SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
There is no dispute that the claimant was notified of the appointment in
question. She made an error in recording the date of the appointment.
Claimant's record shows that she has cooperated in all other
requirements and her testimony and demeanor demonstrated her intent to
cooperate. Claimant's appointment was for an individual assessment
appointment to provide a medical report; however, the claimant does no
claim any medical barriers to employment. She stated that she is more
than willing to participate in workfare and job club assignments.
Although, her failure was without good cause as defined by the
Department regulations, the failure was not willful.
ORDER:
x Claim Denied: ❑ Claim Dismissed:
❑ Aid shall be discontinued and the Period of Ineligibility
imposed.
x Aid shall be discontinued. The Period of Ineligibility shall
be expunged from the record. Claimant may reapply at any
time.
❑ Claim Granted:
❑ General Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility shall
be expunged from the record.
❑ Other:
x Written copies of the Order were issued by x mail ❑ at Hearing
❑ Additional Regulatory Authority was attached to the foregoing Order
Social Services 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, Room 106, Martinez, CA 94553 . Appeals must be filed within
thirty (30) days of the date of the Evidentiary Decision_
No further aid paid pending a Board of Supervisors appeal.
CAC 27;re:Leed 6/92)
{ • CLERK OF THE BOARD •
Inter - Office Memo
TO: Social Services Department DATE: February 23 , 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 Susan Righter
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 : 00 p.mon Tuesday, April 6 , 1993 .
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept.
40Douglas Drive
air
T
O
--Am - LL . . ..._moi... ���.._..
W U
U "�
LL, 60
e�
0000/0
a7 913 4Zvx--Al ell
04-
'The Board of Supervi rs Contra cwt co the amrd
County Administration Building Costa 5)==W in=n
651 Pine St., Room 106 ��
t Martinez, California 94553
Torn Poroes,1st District
Nancy C.Fohdan,2nd District
Robert I.Schroder,3rd District
Sunrw Wright MCPaak,4th District
Tom Toriakson,5th District
February 23 , 1993
Susan Righter
2783 Cornelius
San Pablo, CA 94806
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, 652 Pine Street, Martinez, California, at 2 : 00 p.m. on
Tuesday, April 6 , 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
ofS ery ors County Administrator
By ( 4"
Ann erve i , Deputy Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
• BOARD OF ERVISORS OF CONTRA COSTA COIF, CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLU'T'ION 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 71+/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. Moth 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 (late
set for hoard 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 presentation will be -
disregarded.
If the .facts upop which .xhe. apYpeal is based are not in
dispute, or if any, dispute.d.,T.gpt3?•,are` not relevant to the issue
ultimately to be decided by .the Board, the Board will proceed
Immediately to the next -step,..Wjthout ,co.nsidering fact questions .
The parties may stipulate ,to'�'an agreed set of facts .
4. Once the facts are determined, or if there are no fact
determinations required::16y' tti4'W0D'bal , the Board will consider
legal issues 'presented- by•`thw -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..Boardd , If the issues are susceptible
of immediate resolution, the Boerd may, if it desires, 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. 75/24
06_ •�
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 consI dera-
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, with :a hearing officer, who shall .
be a memter of the California Bar, to act on its behalf in con-
ducting General Assistance appeals . The Board 's Hearing Officer
shall follow steps.. l through .above,, and shall recommend .a
proposed decision, stating findings o� fact and summarizing the
reasoning of the proposed deci§ion. 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.
PASSED on January 111 , 1975, unanimously by the Supervisors present.
I
URTIPIED COPY
I Certify that this is a full. true ! correct copy of
the original document which Is on file in my offlee,
and that It was passed A adopted by the Board of
Supervisors of Contra Costa County, California, on
the date shown. ATTEST: J. R. OLSSON, County
Clerk!esofflclo Clerk of said Board of Supervisors,
b7 Deyut Clerk.
on ,SAN 1 1975
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
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41'4000OF
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