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HomeMy WebLinkAboutMINUTES - 06271995 - D5 D.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 27, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier and Torlakson NOES: Supervisor Bishop ABSENT: None ABSTAIN: None ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SUBJECT: General Assistance Hearing and Appeal Procedures The Board of Supervisors heard an oral report from Bob Hoffman, Acting Social Services Director, on General Assistance Hearing and Appeal Procedures and heard comments from Arthur Walenta, Assistant County Counsel. The Board of Supervisors also heard testimony from Phil Bertenthal, Contra Costa Legal Services Foundation, and Henry Clark, General Manager Local 1. After hearing testimony and following discussion by the Board of Supervisors, IT IS BY THE BOARD ORDERED that the issue of General Assistance Hearing and Appeal Procedures is REFERRED to the Family and Human Services Committee for review; IT IS FURTHER ORDERED BY THE BOARD that the Family and Human Services Committee is to REPORT back to the Board of Supervisors their recommendations for final Board consideration of this matter. i hereby certify that this Is a true andcorrectcopyof -an action taken an ntered on the minutes of the Board of Su o on tho dato shown. ATTESTED: FF PHI < ;;t'to erc O ano tl;,L;.: minis ator cc: County Administrator - Family and Human Services Committee (via CAO) County Counsel Social Services Department THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 27, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: General Assistance Hearing ) RESOLUTION NUMBER 95/ and Appeal Procedures ) The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolution No. 92/554, as amended by Resolution No. 94/92, which established standards for General Assistance Hearings and Appeals are hereby superseded effective July 1, 1995: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department hearing upon their timely written request, except as provided in 104 (b) below. (a) The applicant or recipient must deliver or mail a written request for a hearing within ten days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a hearing presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a hearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisors changes in grant levels are not appealable, and hearing requests based thereon may be summarily denied. (b) All actions involving a proposed period of ineligibility for noncompliance with program requirements will include an automatically scheduled hearing. (1) The hearing date, time and location will be included on the front of the notice of action. (2) The hearings will be scheduled by the General Assistance automated caseload management system. The hearing will be scheduled to take place no sooner than seven days from the date of the notice of action, and no later than the proposed effective date of the action. 105. Hearings, other than those automatically scheduled, will be scheduled within thirty days of the date of receipt of a request for a hearing. The Appeals Unit RESOLUTION NO. 95/ Page 1 will mail a written notice of the hearing to the claimant at least seven days in advance of the Hearing date. 106. The General Assistance Hearing Representative will present the Department's position at the hearing. (a) Prior to the hearing, the representative will review the action in dispute. (b) In preparing for the presentation, if the Hearings Representative finds that the action as originally proposed is incorrect, the worker will be so advised. 107. If a claimant is unable to attend the hearing at the originally scheduled date and time, and a timely request for postponement is made, the Appeals Manager or his/her designee will make an evaluation of the request. The hearing will not be continued beyond the hearing date unless authorized by the Appeals Manager or his/her designee on one of the following grounds, for which verification may be required: (a) hearing is continued at request of the Social Service Department, (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the family, (e) other good reason (as approved by the Appeals Manager). 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the hearing record is closed, unless the Department extends the time in writing, for cause. Part 2 Appeals to the Social Service Director 201. The applicant or recipient may appeal an adverse hearing decision to the Social Service Director, where a hearing has been held and a decision written. 202. A written appeal must be filed with the Social Service Department within fourteen days after the decision has been mailed to the claimant. Absent evidence to the contrary, a hearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Social Service Director will not stay the implementation of the hearing decision, and the appellant shall not be entitled to receive a General Assistance grant pending the appeal and/or the further hearing following the appeal. (b) The appeal will be scheduled to be heard within thirty days of the Department's receipt of the written appeal. The appellant shall be mailed or served written notice of the appeal hearing at least seven days before the appeal hearing. 203. The appeal hearing will be before the Social Service Director or the Director's designee. The designee shall be an Assistant Director or other management employee of the social Service Department who does not work in the area of RESOLUTION NO. 95/ Page 2 General Assistance, and who did not take part in the subject decision to deny, reduce, suspend or terminate appellant's General Assistance grant. 204. All written materials must be filed at least one week before the date set for the appeal hearing. 205. The Social Service Director or the Director's designee shall decide the appeal based on the record on appeal and testimony received by the Director or ' designee. This record shall include the hearing decision appealed from and all papers filed at said hearing. 206. The Social Service Director or designee shall make any required fact determinations based on the record. The parties may stipulate to an agreed set of facts. 207. Once the facts are determined, or there are no factual determinations required by the appeal, the Social Service Director or designee will consider any legal issues presented by the appeal. If possible, legal issues should be framed and submitted before the appeal hearing and shall be based on the hearing decision appealed from. (a) The parties may make legal arguments both in writing and orally before the Social Service Director or Director's designee. Legal issues may be immediately decided at the appeal hearing. If the County Counsel's advice is needed on legal questions, the social Service Director or designee may take the matter under submission until such advice is received. 208. The Social Service Director or the Director's designee may decide an appeal immediately after the appeal hearing or take the appeal under submission, in which case the appeal shall be decided within 30 days after submission unless the Director extends the time for decision for cause. The appeal decision shall be in writing. Contact: Jewel Mansapit, Social Service, 313-1601 RESOLUTION NO. 95/ Page 3 D. s SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY DATE: June 27, 1995 TO: Board of Supervisors FROM: Robert Hofmann, Acting Director SUBJECT: General Assistance Hearing and'Appeal Procedures Recommendation: .That the Board adopt the proposed Resolution regarding General Assistance Hearings, which supersedes Board Resolutions No. 92/554 as amended by No. 94/92, and makes the following changes: 1. All actions involving a proposed period of ineligibility for noncompliance with program requirements will include an automatically scheduled hearing. The hearing date, time and location will be included on the front of the notice of action. 2. Hearings will be scheduled by the General Assistance automated caseload management system. The hearing will be scheduled to take place no sooner than seven days from the date of the notice of action, and no later than the proposed effective date of the action. Background: Since 1974, Contra Costa County has had in place Board of Supervisors policies relating to the provision of hearings and appeals in the General Assistance program. In order to ensure that hearings are held and decisions issued in a timely and expeditious manner, the Department proposes to utilize the automated case management system to automatically schedule hearings for all actions which propose a period of ineligibility for noncompliance with program requirements. Hearings will be scheduled to take place prior to the effective date of the action, thereby affording each recipient a hearing and an immediate decision, and reducing the need for "aid paid pending" a hearing. Gen 9c (New 3/86) DATE: 7- �j REQUEST TO SPEAK FORM ' (THREE (3) MINUTE LIMIT) (D Complete this form and place it in the box near the speakers' rostrum before address' the Board. .'vi NAE. PHONE: / ADDRESS:, 62;< ;-Z q Cmt: I am speaking formyself OR organization: C- Check one: 5 NAME OF ORGAWIZNTION) _ I wish to speak on Agenda Item # My comments will be: general for against k I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider.