.1 The responsibility for providing a full and impartial hearing to the claimant rests jointly with the county and the state department.
.11 The state department is responsible for the overall administration of the hearing process and the conduct of each hearing.
.12 Since the right to request a state hearing belongs to the claimant, the regulations in this chapter shall be interpreted in a manner which protects the claimant's right to a hearing.
.13 Although the specific duties and responsibilities of each agency are set forth in the following regulations, these rules shall not be used to suppress the claimant's right to a hearing. For example, although the county shall justify its action when appropriate, the county shall not discourage the claimant from proceeding with the hearing request nor relinquish its responsibility to assist the claimant in this process. The Administrative Law Judge shall conduct the hearing according to applicable procedures and the claimant shall be allowed to present evidence relevant to his/her own case.
.14 The regulations in this chapter shall apply to all public social services programs subject to a state hearing.
10051, 10553, 10554 and 10950, Welfare and Institutions Code and 45 CFR 205.10.
The following definitions shall apply wherever the terms are used throughout Division 22.
Adequate Notice - A written notice informing the claimant of the action the county intends to take, the reasons for the intended action, the specific regulations supporting such action, an explanation of the claimant's right to request a state hearing, and if appropriate, the circumstances under which aid will be continued if a hearing is requested, and for the California Work Opportunity and Responsibility to Kids (CalWORKs) Program, if the county action is upheld, that the aid paid pending must be repaid. In the Food Stamp Program, see Section 63-504.2.
Administrative Law Judge - A person designated by the Director and thereafter assigned by the Chief Administrative Law Judge to conduct state hearings and administrative disqualification hearings.
The Administrative Law Judge shall prepare fair, impartial and independent decisions.
(3) Aid - For purposes of this Division "aid" includes all public social services programs subject to a state hearing.
(A) Such public social services programs include, but are not limited to, CalWORKs, the State administered programs for recipients of SSI/SSP (Division 46), Refugee Resettlement Program (RRP), the Cuban/Haitian Entrant Program (CHEP), the Food Stamp Program (FS), the California Medical Assistance Program (Medi-Cal), Stage One Child Care, California Assistance Program for Immigrants (CAPI), Personal Care Services Program (PCSP), Kinship Guardian Assistance Program (Kin-GAP), AFDC- Foster Care, California Food Assistance Program (CFAP), the Social Services Programs described in Divisions 30 and 31 of the Manual of Policies and Procedures (MPP), Aid for the Adoption of Children Program (AAC), Adoption Assistance Program (AAP), and Multipurpose Senior Services Program (MSSP).
Law Judge's proposed decision. See Section 22-062.
(5) Attorney - an active member of the California State Bar.
085 and 22-101 to act for the claimant in any and all aspects of the state hearing or administrative disqualification hearing.
(A) An authorized representative may include an attorney, a relative, a friend, or other spokesperson.
(B) Any references to claimant shall also apply to the authorized representative unless otherwise stated.
(C) Repealed by Manual Letter No. CFC-07-01, effective 1/24/07.
Chief Administrative Law Judge - The person designated and employed by, and directly responsible to the Director of the California Department of Social Services and charged with the administration of state hearings and administrative disqualification hearings.
(A) An applicant for or recipient of aid, as defined in Section 22-001a.(3).
(B) A foster parent or foster care provider who requests a hearing on behalf of the foster child where the CWD takes action to affect the child's aid and the child resides with or has resided with the foster parent or foster care provider.
1. There is no right to a state hearing concerning the placement or removal of a foster child. For grievance procedures applicable to the placement or removal of a foster child, see Section 31-020.
2. There is no right to a hearing concerning group home rates established by the state. For administrative review procedures concerning group home rates established by the state, see Section 11-430 et seq.
(C) A representative of the estate of a deceased applicant or recipient (see Sections 22-004.4 and .5).
(D) The relative caring for a child with regard to the child's application for or receipt of aid.
(E) The guardian or conservator of an applicant or recipient.
(F) The sponsor of an alien, see MPP Sections 43-119, 44-353, and 63-804.1.
Compliance issue - An allegation by the claimant that the county has failed to abide by a state hearing decision concerning issues clearly resolved in the order where the county did not have to make further determinations regarding the claimant 's eligibility or amount of benefits.
Compliance related issues - Issues which were not resolved in the prior state hearing decision or resulted from the prior hearing decision requiring the county to make further determinations regarding the claimant's eligibility or amount of benefits.
County Action - All actions which require adequate notice (see Section 22-071) and any other county action or inaction relating to the claimant's application for or receipt of aid.
Days - Days shall refer to calendar days unless otherwise specified.
Health Services, whichever is appropriate.
Director - Refers to the Director of the California Department of Social Services or the Director of the California Department of Health Services, whichever is appropriate.
1. If the request is mailed to the State Hearings Division, or to the CWD, the postmark date of the envelope.
CWD, the date stamped on the request for hearing.
3. If the date cannot be determined by the methods described above, three days before the request was stamped "received" by the State Hearings Division or the CWD.
4. If the date cannot be determined by Sections 22-001f.(1)(A)1., 2., or 3., the date the request was signed.
(C) If a written request is filed erroneously with the State Hearings Division or with a CWD in a county in which the claimant does not reside and in which the CWD has not taken any action or inaction with which the claimant is dissatisfied, the filing date shall be determined in the same manner as set forth above in Subsection (A).
Final Decision - The decision prepared and adopted by the Administrative Law Judge resolving a state hearing case and which is not subject to review prior to issuance.
Holiday - A Saturday, Sunday, and the holidays as specified in Government Code Sections 6700 et seq. which result in a postal holiday or the closing of Department or county offices.
A written notice of action that complies with the requirements of Section 21-115.2 for a claimant who chose to receive written communications offered in his/her primary language pursuant to Section 21-116.21. There shall be a rebuttable presumption that a claimant chose to receive written communications offered in the claimant 's primary language if the claimant identified a primary language other than English to the county pursuant to Section 21-201.211.
(2) The claimant previously identified a primary language other than English to the county and contacts the county about that notice of action prior to the deadline for a timely request for hearing on an adequate notice of action.
"Forms and other written material required for the provision of aid or services shall be available and offered to the applicant/recipient in the individual 's primary language when such forms and other written material are provided by CDSS. When such forms and other written material contain spaces (other than "for agency use only") in which the CWD is to insert information, this inserted information shall also be in the individual 's primary language."
Precedent Decision - A decision or part of a decision that is designated and indexed as such by the Director, pursuant to the California Administrative Procedure Act, because it contains a significant legal or policy determination of general application that is likely to recur.
Proposed Decision - The decision prepared by the Administrative Law Judge concerning a state hearing case which he/she recommends to the Director for adoption.
dissatisfied claimant may obtain an impartial review of a county action.
Timely Notice - A written notice that is mailed to the person affected at least 10 days before the effective date of the action. See Section 22-072.4 for computation of the 10-day period.
.1 If the last day for the performance of any act required by these regulations is a holiday, then such period shall be extended to the next day which is not a holiday.
10553 and 10554, Welfare and Institutions Code.
.1 A state hearing shall be available to a claimant who is dissatisfied with a county action and requests a hearing in the manner set forth below.
.12 Notwithstanding any other regulation, there is no right to a state hearing when either state or federal law requires automatic grant adjustments for classes of recipients, unless the reason for the request for the state hearing is incorrect grant computation.
.121 In the event of such automatic grant adjustment, the State Hearings Division shall promptly review the requests for a state hearing to determine whether the basis for a request is the automatic grant adjustment. See Section 22-054.
.122 In the CalWORKs Program, all those who request a hearing when the change is because either state or federal law required an automatic grant adjustment shall be treated as though the subject of the hearing was not a law change until the time of the hearing.
(a) If the Administrative Law Judge determines that the subject of the hearing was the wisdom or validity of such a law change, the request shall be permitted to be dismissed pursuant to Section 22-054.31.
.13 Complaints as to discourteous treatment by a county employee shall not be subject to the state hearing process.
.14 There is no right to a state hearing regarding child custody and child welfare service issues while that child is under the jurisdiction of the juvenile court. All issues regarding the child 's custody shall be heard by the juvenile court, including but not limited to those issues left to the discretion of the welfare department or probation department by the juvenile court.
.15 There is no right to a state hearing regarding overpayments made to foster care providers including group homes and foster family agencies where the claimant entered into a voluntary repayment agreement, under Section 45-305.231.
221 Cal App. 3rd 752 and In Re Moriah T. (1994) 23 Cal. App. 4th 1366.
.1 A request for a state hearing may be either written or oral.
.2 A written request concerning county administered state aid programs shall be filed with the CWD, and for all other state aid programs, the request shall be filed with the California State Department of Social Services in Sacramento.
.21 A written request for hearing may be made in any form, including, but not limited to, the reverse side of the Notice of Action.
.211 The county agency shall assist the claimant in filing a request for a state hearing. The request for a state hearing should identify the aid program involved, as well as, the reason for dissatisfaction with the particular action or inaction involved in the case. If an interpreter will be necessary, the claimant should so indicate on the hearing request.
.22 When a written request for a state hearing is received by the CWD, a copy of the written request shall be forwarded to the State Hearings Division in Sacramento within three working days after receipt unless the CWD is given authority by the Chief Administrative Law Judge to directly enter the hearing request into the state hearing computer system online. The county shall retain the original hearing request and shall provide it to the Administrative Law Judge at the hearing.
.221 If the request for hearing concerns an action which is subject to the adequate notice provisions, a copy of the applicable Notice of Action, if available, shall be sent with the request.
.3 An oral request shall be filed in person or by telephone at the California Department of Social Services in Sacramento.
.31 A toll-free number is available for this purpose.
.4 If a claimant dies after a request for a state hearing has been filed, yet before a hearing has been held, the proceeding may only be continued by, or on behalf of, the representative of the claimant's estate.
.41 The representative of a decedent 's estate is the executor/executrix or administrator/administratrix of the estate. If the decendent 's estate is not in probate, the representative may also be an heir (e.g., parents, spouse, children, siblings, grandparents or grandchildren of the decedent).
.5 If the prospective claimant dies before filing a request for a state hearing, a request may only be filed by those individuals specified in Section 22-004.41.
10553, 10554, and 10965, Welfare and Institutions Code; and Section 44, Probate Code.
Repealed by Manual Letter No. CFC-95-02, effective 5/12/95.
.1 The request for a state hearing shall be filed within 90 days after the date of the action or inaction with which the claimant is dissatisfied.
.11 Except as provided for in Section 45-306.3 if the claimant received an adequate and language- compliant notice of the county action, the request for hearing shall be filed within 90 days after the notice was mailed or given to the claimant. If adequate notice was required but a notice was not provided, or if the notice is not adequate and/or language-compliant, any hearing request (including an otherwise untimely hearing request) shall be deemed to be a timely hearing request.
.2 A recipient shall have the right to request a state hearing to review the current amount of aid. At the claimant 's request, such review shall extend back as many as 90 days from the date the request for hearing is filed and shall include review of any benefits issued during the entire first month in the 90- day period. This review shall only apply to facts that occurred during the review period.
20, 2005 advising him/her that the Medi-Cal share of cost is increased from $100 to $200 effective February 1, 2005. The claimant receives this notice but does not request a hearing until July 6, 2005. Although the claimant 's hearing request is filed more than 90 days after the January 20, 2005 notice was issued, the claimant has the right to a state hearing to review the share of cost for the current month (i.e., July 2005) and the review will extend back 90 days to include all of April, May and June 2005. There can be no review of the February or March 2005 share of cost because the hearing request is untimely as to those months. The review will be based only on the relevant facts that occurred during April, May, June, and July, 2005, including the claimant 's income and deductions for those months as relevant to the share of cost. The review will not include facts that occurred prior to the review period.
15, 2005. The notice advises the recipient of a first instance sanction in the CalWORKs program effective May 1 for failure to participate in welfare-to-work. A first instance sanction lasts until the recipient complies with welfare-to-work requirements or becomes exempt from participation. The recipient receives the notice of action but does not request a hearing until October 25, 2005.
The recipient 's hearing request is untimely under Section 22-009.1, but the recipient is entitled to a hearing on the current amount of aid under Section 22-009.2, limited to the facts that occurred during July, August, September and October, 2005. The ALJ will not review whether the sanction action was correct, nor the recipient 's sanction from April though June. The recipient will be entitled to have the CalWORKs grant reviewed for July, August, September and October, as appropriate, and may be added back to the assistance unit (AU) effective in those months if facts establish that the recipient was exempt or welfare-to-work compliant during those months.
Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.
.1 The State Hearings Division shall mail to the claimant acknowledgement in writing of all requests for state hearings.
.11 Such acknowledgement shall also be sent to the county if the county did not receive the original request.
.11 If the claimant is unable to attend the hearing at the hearing location for reasons of poor health, the hearing shall be held in the claimant's home or in another place agreed to by the county and the claimant.
.12 The State Hearings Division may request verification from the claimant to support the reason why he/she cannot attend the hearing at the hearing location, and shall deny a request for a different hearing location in the absence of such requested verification.
.13 The State Hearings Division shall be permitted to schedule hearings to be conducted by telephone or video conference in lieu of an in-person hearing. Such hearings shall be conducted by telephone or video conference only if the claimant agrees.
.131 If the claimant later rescinds the agreement for a telephone hearing up to the time of the commencement of the hearing, an in-person hearing will be scheduled and this shall be considered a postponement for good cause.
.132 The Administrative Law Judge may terminate the telephone hearing or video conference at the request of either party or on his/her own motion and order an in-person hearing when he/she determines that a party 's right to due process is being prejudiced by the telephone hearing or video conference procedure.
.2 The hearing shall be conducted at a reasonable time, date, and place.
.21 In the Food Stamp Program, the State Hearings Division shall expedite the scheduling of hearings requested by households who expect to leave the State. See Section 22-073.243.
.3 The State Hearings Division shall mail or provide to the claimant and the county a written notice of the time and place of the hearing at least ten days prior to the hearing.
.31 The time of notice shall be permitted to be shortened with the consent of the parties.
.32 Any party shall be permitted to waive notice.
.33 If either party has not received notice of the hearing at least ten days prior to the hearing date, such party shall be granted a postponement, if it requests a postponement.
10553 and 10554, Welfare and Institutions Code; 7 CFR 273.15(b); and 45 CFR 205.10(a)(2).
.1 A group of claimants with a common complaint may request that the State Hearings Division establish a group hearing.
.2 The State Hearings Division may schedule a group hearing when in a series of individual requests for a state hearing the sole issue set forth in the request is one involving state or federal law or changes in state or federal law.
.3 In all group hearings, each individual claimant shall be permitted to present his/her own case, and shall be permitted to be represented by any person he/she may desire.
.4 A separate written decision shall be issued to each claimant in a group hearing.
.1 Attendance at the hearing is ordinarily limited to the claimant, authorized representative (as defined in Section 22-001(a)(6)), county representative, legal counsel, authorized interpreter, and witnesses relevant to the issue. Other persons may attend the hearing if the claimant agrees to or requests their presence and the Administrative Law Judge determines that their presence will not be adverse to the hearing.
.11 Appearance by the claimant (in person or by the authorized representative) shall be required at the hearing, unless the hearing is a rehearing or further hearing.
.111 The claimant shall not be required to designate an authorized representative and may represent him/herself at all stages of the hearing process. Also see Section 22-085 and Section 22-101.
.12 The Administrative Law Judge shall be permitted to exclude a witness during the testimony of other witnesses.
.13 Both the county and the claimant shall have the right to have a representative present throughout the hearing. Both the county representative and the claimant's authorized representative shall have the right to designate another person to be present and advise the representative throughout the hearing. This individual may be a witness who testifies on behalf of the county or claimant and in this circumstance, Section 22-049.12 would not apply. If this individual is a witness, he/she may not be present as an advisor until after he/she has testified.
.14 The Administrative Law Judge shall have the authority to exclude persons who are disruptive of the hearing.
.2 The hearing shall be conducted in an impartial manner.
.3 All testimony shall be submitted under oath, affirmation, or penalty of perjury.
.4 The proceedings at the hearing shall be reported by tape recorder or otherwise perpetuated by mechanical, electronic, or other means capable of reproduction or transcription.
.5 The issues at the hearing shall be limited to those issues which are reasonably related to the request for hearing or other issues identified by either the county or claimant which they have jointly agreed, prior to or at the state hearing, to discuss.
.51 If the rights of any party will be prejudiced by the consideration of a reasonably related issue raised at the hearing, the hearing shall be continued or the record held open subject to the provisions of Section 22-053.3 so that such party may prepare his/her case.
.52 If the claimant contends that he/she is not adequately prepared to discuss the issues because he/she did not receive the notice required by Section 21-115.2 or 22-071.1, this issue shall be resolved by the Administrative Law Judge at the hearing.
.521 If the Administrative Law Judge determines that adequate and language-compliant notice was provided, the claimant shall agree to discuss the substantive issues or the case will be dismissed.
.522 If the Administrative Law Judge determines that adequate and/or language-compliant notice was required but not provided, the case shall be postponed unless the claimant waives the adequate and language-compliant notice requirements, as applicable, for purposes of proceeding with the hearing, and agrees to discuss the substantive issues at the hearing.
(a) A postponement for this reason shall be deemed a postponement for good cause.
(b) When the Administrative Law Judge has determined that adequate and/or language-compliant notice was not provided but the claimant waives those requirements, as applicable, the Administrative Law Judge shall conduct the hearing on the substantive issues and submit a decision on those issues.
.523 If adequate and/or language-compliant notice was required but not provided and involved a discontinuance, suspension, cancellation, termination or reduction of aid, other than those referred to in Sections 22-072.1 through .13, aid shall be reinstated retroactively and the provisions of Section 22-072.5 shall apply.
.53 If a jurisdictional issue is raised, the county must prepare a position statement on both jurisdictional and substantive issues. The parties must be prepared to submit evidence, on both the jurisdictional and substantive issues, except as provided in Sections 22-049.531, 22-049.532 and 22-054.4.
(b) the hearing shall proceed on both jurisdictional and substantive issues.
(b) Inform the parties orally at the hearing or in writing within ten days after the hearing that an additional hearing will be held on the substantive issues, and provide the parties a minimum of ten days in which to prepare on the substantive issues.
.6 An interpreter shall be provided by the state if, prior to the hearing, a party requests an interpreter or if at the hearing, the Administrative Law Judge determines that an interpreter is necessary.
Judge shall determine if the interpreter has been certified by the Department.
.611 If the interpreter has been certified, the qualifications and competency of the interpreter need not be further examined except that the Administrative Law Judge shall examine the interpreter with regard to any personal or economic interest in the matter and shall disqualify an interpreter with any such interest.
.612 If the interpreter has not been certified, the Administrative Law Judge shall: (a) Examine the qualifications and competency of the interpreter.
(b) Disqualify any interpreter determined by the Administrative Law Judge not to be competent for interpretation purposes.
(1) Claimant's relatives, friends, or an authorized representative.
(2) County staff who participated in making the decision complained of. (3) The county appeals representative.
(4) Any other individual determined by the Administrative Law Judge to be detrimental to the hearing process or having a bias or the appearance of being biased.
.62 When the state hearing is held with the assistance of an interpreter the Administrative Law Judge shall assure objective interpretation.
.63 A separate oath or affirmation to translate accurately and maintain confidentiality shall be administered to all interpreters.
.71 Examine parties and witnesses.
.72 Conduct such cross-examination as may be required for a full disclosure of the facts.
.75 Examine all documents prior to and during the hearing.
.76 Question opposing witnesses and parties on any matter relevant to the issues even though that matter was not covered in the direct examination.
.77 Make oral or written argument.
.81 All documents submitted by either the claimant or the county shall be made available to both parties.
.811 Copies of all such documents shall be provided to the claimant free of charge.
(a) See Section 22-073.25 regarding position statement requirements.
.82 Merits of a pending state hearing shall not be discussed between the Administrative Law Judge and a party outside the presence of the other party.
.9 Whenever it is necessary that another county be joined as a party to the action in order to dispose of all issues, the Administrative Law Judge shall so order and shall, subject to Section 22-053.3, postpone the hearing, hold the record of the hearing open, or continue the hearing as necessary.
.91 A postponement for this reason shall be deemed a postponement for good cause.
.1 The taking of evidence in a hearing shall be conducted by the Administrative Law Judge in a manner best suited to ascertain the facts and to control the conduct of the hearing.
.11 Prior to taking evidence, the Administrative Law Judge shall identify the issues and shall state the order in which evidence shall be received.
.2 Except as provided below, evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.
.21 The Administrative Law Judge shall not be bound by rules of procedure or evidence applicable in judicial proceedings.
.22 The Administrative Law Judge shall be permitted to exclude evidence which is irrelevant, cumulative or unduly repetitious.
Code if the privilege is claimed in accordance with law.
.3 Although evidence may be admissible under Section 22-050.2, the Administrative Law Judge shall consider the nature of the evidence in assessing its probative value.
.4 "Official Notice" describes the manner in which an Administrative Law Judge or the Director will recognize the existence and truth of certain facts which have a bearing on the issue in the case, without requiring the actual production of evidence to prove such facts. Official notice may be taken of either a proposition of law or a proposition of fact.
.41 The Administrative Law Judge or Director shall take official notice of those matters which must be judicially noticed by a court under Section 451 of the Evidence Code.
.411 Generally, Section 451 of the Evidence Code provides that judicial notice must be taken of laws, statutes, regulations, official records, and facts and propositions which are of such universal knowledge that they are not reasonably subject to dispute.
.42 The Administrative Law Judge may take official notice of those matters set forth in Section 452 of the Evidence Code.
.421 Generally, Section 452 of the Evidence Code provides that official notice may be taken of facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.
.43 The Administrative Law Judge may take official notice of any generally accepted technical fact relating to the administration of public social service.
451 and Section 452 of the Evidence Code which are of substantial consequence to the determination of the action, each party shall be given reasonable opportunity, before the decision is submitted, to respond to the propriety of the Administrative Law Judge taking official notice of some facts.
.1 Upon request, the CWD shall allow the claimant to examine the case record during regular working hours (see Section 19-005).
.11 If portions of the case record are privileged under the provisions of Section 19-006, the claimant shall be entitled to inspect such material only if the claimant is the holder of the privilege.
.2 The claimant shall have the right prior to and during the hearing, to examine nonprivileged information which the county has used in making its decision to take the action which is being appealed.
.3 The CWD shall reproduce without charge, or at a charge related to the cost of reproduction, the specific policy materials, including regulations, necessary for an applicant or recipient, or his/her authorized representative, to determine whether a state hearing should be requested or to prepare for a state hearing.
.31 In the Food Stamp Program, such material shall be made available to the household or its authorized representative at no charge.
.41 Subpoena requiring the presence of any witness whose expected testimony has been shown to be relevant, and not cumulative or unduly repetitious.
.42 Subpoena duces tecum for the production by a witness of books, papers, correspondence, memoranda, or other records.
.421 The person who requests the subpoena duces tecum shall submit a statement under penalty of perjury describing the materials desired to be produced and their relevancy.
.422 A witness may comply with the subpoena duces tecum by providing certified copies of the material requested.
.5 After the hearing has commenced, the Administrative Law Judge assigned to the case shall be permitted to issue a subpoena or subpoena duces tecum as necessary.
.6 The party requesting the subpoena or subpoena duces tecum shall have the responsibility of having it served. The service of the subpoena shall be made to allow the witness subpoenaed a reasonable time for preparation and travel to the place of attendance.
10553 and 10554, Welfare and Institutions Code and Code of Civil Procedure Section 1987.
.1 A witness who is subpoenaed at the request of the claimant and who appears at the hearing shall be permitted to demand payment for witness fees and mileage from the Department on a form specified by that Department.
Government Code for witness fees and mileage.
.2 A witness who is subpoenaed at the request of the county and who appears at the hearing shall be permitted to demand payment for witness fees and mileage from the county on a form specified by the county.
.1 Postponements are subject to the following conditions.
.111 If a hearing request includes an issue regarding the Food Stamp Program, a claimant 's first request for a postponement made prior to hearing shall be granted. The hearing shall be postponed for no more than 30 days. A claimant in a Food Stamp case may request additional postponements under Section 22-053.112.
.112 A hearing may be postponed upon the request of a claimant if such request meets the good cause criteria set forth in Section 22-053.113.
The Department shall have the authority to request verification from the claimant that there is good cause for a requested postponement.
(a) A death in the family.
(b) Personal illness or injury.
(c) Sudden and unexpected emergencies that prevent the claimant or the claimant 's authorized representative from appearing.
(d) A conflicting court appearance that cannot be postponed.
073.253) after providing the statement to the claimant, and the claimant has waived decision deadlines contained in Section 22-060.
.121 The Administrative Law Judge at the hearing shall have the authority to postpone the hearing, at his or her discretion, at the request of the county.
.122 Any postponement granted pursuant to Section 22-053.121 shall be deemed a postponement for good cause for aid pending purposes.
.13 Administrative Law Judge postponements.
.131 The Chief Administrative Law Judge or his/her designee shall have the authority to postpone a hearing prior to the hearing at his or her discretion.
.132 Any postponement granted pursuant to Section 22-053.131 shall be deemed a postponement for good cause.
.133 The Administrative Law Judge shall have the authority to postpone a hearing, at the hearing, at his/her discretion.
.14 Hearing notice not received.
.141 A hearing shall be postponed if either party has not received notice of the time and place of the hearing at least ten days prior to the hearing and that party requests a postponement.
.142 Any postponement granted pursuant to Section 22-053.141 shall be deemed a postponement for good cause.
.2 Continuances for additional evidence shall be granted under limited conditions.
.21 If the Administrative Law Judge conducting the hearing determines that evidence not available at the hearing is necessary for the proper determination of the case, the Administrative Law Judge shall have the authority to continue the hearing to a later date or close the hearing and hold the record open for a stated period not to exceed 30 days in order to permit the submission of additional documentary evidence.
.3 When a hearing is postponed, continued, or reopened at the claimant's request, the 60-day or 90-day period provided in Section 22-060 shall be extended. Any such requests for postponement, continuance, or reopening of a hearing may not exceed 30 days each. Every time a claimant requests a postponement, continuance, or reopening, he/she must be given a written notice that explains that the time for rendering a decision will be extended for a period not to exceed 30 days.
.41 If a first pontponement of a case in the Food Stamp Program is granted at the claimant 's request under Section 22-053.111, any aid pending shall continue until at least the earlier of the next scheduled hearing or the end of the certification period. See Section 63-804.64.
.42 If a postponement is granted under Section 22-053.133, the Administrative Law Judge shall order that aid pending be continued only if the postponement was for good cause.
.43 Except in the Food Stamp Program as provided in Section 22-053.431, if a postponement is granted for good cause, aid pending shall be continued at least until the next scheduled hearing.
.431 If a postponement is granted for good cause on a food stamp issue after the initial postponement, aid pending shall continue until at least the earlier of the next scheduled hearing or the end of the certification period.
10553, 10554, 10952, 10952.5, and 10957, Welfare and Institutions Code and 7 CFR 273.15(c) and (k)(2)(i).
.1 Except in the CalWORKs Program, the State Hearings Division shall deny or dismiss a request for a hearing where the sole issue is one of state or federal law requiring automatic grant adjustments for classes of recipients.
.11 Aid shall not be continued in the amount that claimant would have been paid if the adjustment had not been made.
.2 In cases other than those specified in .1 above, and .4 below, a request for hearing shall not be dismissed prior to the hearing unless it has been withdrawn or abandoned.
(a) Such withdrawal shall be submitted in writing. If the claimant has verbally withdrawn the hearing request prior to the hearing, and such withdrawal is unconditional, the Department will send the claimant a letter confirming the withdrawal of the request. The letter shall serve as the written withdrawal. The request for hearing shall be considered withdrawn unless within 15 days of the mailing of such letter, the Department receives notice, either submitted in writing or orally, that the claimant has not withdrawn the request for hearing.
(b) A withdrawal may be unconditional or conditional.
(1) See Section 22-072.71 regarding the effect of withdrawal on aid pending.
(2) If the withdrawal is unconditional, the hearing request shall be immediately dismissed.
(A) The dismissal shall be without prejudice in that the claimant may be permitted to file a new hearing request raising the identical issue provided that the request is filed timely pursuant to Section 22-009.
(A) The withdrawal shall be accompanied by an agreement signed by the claimant and by the county.
(B) Any agreement under this provision shall provide that the actions of both parties will be completed within 30 days from the date the conditional withdrawal form is signed by both parties and received by the county. See Section 22-071.14 regarding adequate notice with conditional withdrawal.
(C) After the county issues notice of its redetermination, if the claimant does not reinstate the hearing request within the time limits set forth in Section 22-009, the request shall be dismissed.
.221 If the claimant fails to appear by him/her self or by authorized representative at the scheduled hearing, the request for hearing shall be considered abandoned and a written decision shall be issued dismissing the claim.
.222 The claimant shall have the right to request that the dismissal decision be set aside and to have a new hearing if good cause is established for not attending the hearing. Such request must be made within 15 days of the date the dismissal decision is received by the claimant.
(1) The failure of the claimant to receive notice of the time and place of the hearing. The notice of the time and place of the hearing shall be mailed to the claimant's last known address and good cause shall not be established if the claimant failed to notify the county or Department of any change of address while the appeal was pending.
(2) The criteria set forth in Section 22-053.113.
(c) If a new hearing is not granted and a decision dismissing the claim is not set aside, the claimant shall be notified in writing as to the specific reasons the decision was not set aside and the right to appeal such dismissal in Superior Court.
(d) The Department shall have authority to request a written declaration or other verification from the claimant to support the reason for the nonappearance.
Welfare and Institutions Code Section 10950.
.32 The request for hearing is filed beyond the time limit set forth in Section 22-009.
.33 The Administrative Law Judge determines at the hearing that the claimant or authorized representative is unwilling to present his/her case.
.34 The Administrative Law Judge determines that the identical issue has been the subject of a previous state hearing involving the claimant.
.36 The Administrative Law Judge fails to receive a written authorization following the hearing as specified in Section 22-085.2.
.37 The request for hearing raises a compliance issue, e.g., an allegation that the county has failed to comply with a previously adopted state hearing decision. See Section 22-078.
.41 Prior to such dismissal, a letter setting out the reasons for the dismissal shall be sent to the claimant indicating that a dismissal shall occur within 15 days unless the claimant sets forth further facts and/or argument, orally or in writing, which would indicate that the matter should not be dismissed.
.42 If the claimant presents information that may indicate that the matter should not be dismissed, a hearing shall be scheduled.
.43 If the claimant presents information but it fails to establish that the matter should be heard, the request shall be dismissed and a hearing will not be scheduled. The claimant shall be notified of the reasons for such action.
10553 and 10554, Welfare and Institutions Code and 45 CFR 205.10(a)(5)(8).
.1 An Administrative Law Judge shall voluntarily disqualify himself or herself and withdraw from any proceeding in which he/she cannot give a fair and impartial hearing or in which he/she has an interest.
.2 A party may request at any time prior to the close of the record, that the Administrative Law Judge be disqualified upon the grounds that a fair and impartial hearing cannot be held or a decision cannot be rendered.
.21 Such request shall be ruled upon by the Administrative Law Judge prior to the close of the record. The Administrative Law Judge's determination is subject to rehearing review and judicial review in the same manner and to the same extent as other determinations of the Administrative Law Judge in the proceeding.
.3 If, at the beginning or during the hearing, the Administrative Law Judge upholds a party's motion for disqualification, the matter shall be postponed. A postponement due to a disqualification of an Administrative Law Judge shall be considered a postponement with good cause. If, after the hearing, but before the close of the record the Administrative Law Judge determines that disqualification is appropriate, the provisions of Section 22-061 shall apply.
.1 When a request for a state hearing is received from a person presently living outside of the state, or from an inmate or patient of a California penal institution or other institution, it shall be acknowledged and reported in the same manner as other requests for a state hearing.
.11 Unless the claimant voluntarily offers to return to California for the hearing or authorizes a representative in California, the parties shall be advised that the hearing will be conducted by telephone.
.12 An Administrative Law Judge shall have authority on his/her own motion or at the request of either party to reopen the record for receipt of additional information, if all parties are notified of the reason for the reopening and the submission of such evidence conforms to the requirements of Sections 22-053.21 and .3.
10553 and 10554, Welfare and Institutions Code; and 11430.10(a), Government Code.
.1 All state hearings shall be decided or dismissed within 90 days from the date of the request for state hearing except in those cases where the claimant waives such requirement or the claimant withdraws or abandons the request for hearing.
054.21, the 90-day period shall extend from the date on which the request for hearing is reinstated.
.12 In the Food Stamp Program, all state hearings shall be decided or dismissed and the claimant and CWD notified of the decision within 60 days from the date of the request for a state hearing. The same exceptions apply as stated in .1 above.
.121 If the issues at a state hearing concern both public assistance and food stamp benefits, the hearing shall be conducted according to public assistance procedures and the 90-day rather than the 60-day period shall apply.
.1 After the hearing has been closed, the Administrative Law Judge shall submit a proposed decision for review by the Chief Administrative Law Judge and submission to the Director, or shall adopt a final decision pursuant to the authority delegated to the Administrative Law Judge by the Director.
.2 If the Administrative Law Judge who heard the case is unavailable to prepare the proposed decision, the Chief Administrative Law Judge or his/her designee shall contact the claimant and the county and notify each party that the case is being assigned to another Administrative Law Judge for preparation of the decision on the record.
.222 Has ceased employment as an Administrative Law Judge.
.223 Is disqualified under Section 22-055.
.3 The Department shall be deemed to have received the proposed decision on the date such decision has been certified for the review of the Chief Administrative Law Judge.
Director shall be considered final upon signing and dating by the Administrative Law Judge.
.5 Decisions issued by Administrative Law Judges shall be based exclusively on the evidence and other material introduced at the hearing, or after the hearing but while the record is open, and shall specify the reasons for the decision and identify the supporting evidence and regulations.
10553 and 10554, Welfare and Institutions Code and 45 CFR 205.10(a)(15)(ii).
.13 Order a further hearing to be conducted.
.2 If the Director fails to act in the manner specified in .1 above within 30 days after the Department's receipt of the proposed decision, the proposed decision shall be deemed adopted.
.3 The decision of the Director shall be in writing.
.311 A statement of the facts.
.312 The statutes and regulations involved.
.313 The reasoning which supports the decision.
.4 The decision shall determine only those circumstances and issues existing at the time of the county action in dispute or otherwise agreed to by the parties.
.1 After the Administrative Law Judge's proposed or final decision is adopted or an alternate decision is rendered by the Director, a copy shall be mailed to the claimant and the county.
.112 A statement concerning the right to judicial review.
.113 A statement advising the claimant that, if the court decides the case in his/her favor, he/she shall be entitled to reasonable attorney's fees and the cost of the suit.
.21 Renders an alternate decision, a copy of both the Administrative Law Judge 's proposed decision and the Director 's alternate decision shall be mailed to the claimant and the county.
.22 Orders a further hearing, the State Hearings Division shall mail a copy of the voided proposed decision with the notice of the scheduled further hearing.
.3 The Director retains jurisdiction to rectify clerical errors contained in the decision after the decision has been issued.
10553, 10554, and 10959, Welfare and Institutions Code.
.1 The recording of the hearing, or an official report containing the substance of what transpired at the hearing, together with all papers and the request filed in the proceedings, and any final, proposed or alternate decision shall constitute the exclusive record. Such materials shall be available to the claimant and the county during normal working hours at the State Hearings Division or at a mutually agreed- upon location for three years after the date of any decision issued by the Director.
10553, 10554, and 10956, Welfare and Institutions Code.
.1 The claimant or the county may file a request for a rehearing.
30 days after receipt of the hearing decision.
.111 The request shall not be required to be in any particular form.
Services, the request shall be mailed to the California Department of Social Services.
.113 Such request shall specify the reasons for the rehearing request.
.124 Explain how the additional evidence will change the outcome of the hearing decision.
.13 The request shall state the date the decision was received.
.131 In the absence of such statement, the date of receipt shall be either three days after the date of the postmark on the envelope containing the decision or three days after the date the decision was released by the Department, whichever is later.
.14 The postmark on the envelope containing the rehearing request shall be the filing date.
.141 If the postmark on the envelope is unreadable, the filing date shall be the date the request for rehearing is signed.
.142 If the postmark is unreadable and the request for rehearing is undated, the filing date shall be three days prior to the date the rehearing request is stamped "received" by the Department.
.2 Upon receipt of a timely rehearing request, the Director shall mail a copy of the request to the other party to the hearing.
.21 This party shall be permitted to file a statement supporting or opposing the rehearing request.
.211 Such statement shall be in writing and shall be filed with the Director not later than five days after service.
(a) The filing date shall be determined in accordance with the provisions of .14 above.
.3 The Director shall grant or deny the request no earlier than five nor later than 15 working days after it is received by the State Hearings Division.
.31 If the Director does not act within this period, the request for rehearing shall be deemed denied.
.41 Order a rehearing on the record to consider the evidence in the record and any additional written or documentary evidence which may be submitted by the claimant or the county. Any evidence obtained shall be submitted to the opposing party for rebuttal.
.42 Order an oral rehearing.
.5 Where the Director orders a rehearing on the record, the claimant and the county shall be informed that either party may request that the rehearing be conducted as an oral rehearing.
.51 Any such requests received within 15 days of the date of the notice advising of the rehearing on the record shall be honored.
.61 A rehearing decision, except on an issue that was decided for the first time on the merits in the rehearing decision.
.62 A hearing request that has been dismissed pursuant to Section 22-054.4.
.63 A compliance issue as defined in Section 22-001(c)(3).
.7 When a request for rehearing is denied, the Notice of Denial shall contain a statement concerning a right to judicial review and shall advise the claimant that, if the court decides the case in his/her favor, he/she shall be entitled to reasonable attorney's fees and the cost of the suit.
.8 A rehearing request shall be permitted to be withdrawn anytime before the Department has acted upon the request.
.9 After a rehearing request has been granted, it shall be permitted to be withdrawn by the requesting party subject to the approval of the Chief Administrative Law Judge, his/her designee or the Administrative Law Judge.
NOTE: Authority cited: Sections 10553, 10554 and 10960, Welfare and Institutions Code. Reference: Sections 10553, 10554, and 10960, Welfare and Institutions Code.
.11 Sections 22-069 through 22-078 describe the responsibilities of the county in the state hearing process.
.124 Compliance with state hearing decisions.
.11 A thorough explanation of the right to request a state hearing.
Department concerning client rights, complaints and state hearings.
.2 The county shall also provide the explanation required in Sections 22-070.11 when a claimant makes an informal complaint with the county agency.
.11 When aid is granted or increased.
.12 For CalWORKs and Food Stamp cases, Section 22-071.12(MR) shall become inoperative and Section 22-071.12(QR) shall become operative in a county on the date Quarterly Reporting/Prospective Budgeting (QR/PB) becomes effective in that county, pursuant to the Director 's QR/PB Declaration.
(MR) For CalWORKs and Food Stamp cases, when aid is denied, decreased, suspended, cancelled, discontinued, or terminated.
(QR) For CalWORKs and Food Stamp cases, when aid is denied, decreased, not changed following a recipient mid-quarter report, cancelled, or discontinued. When aid is not changed due to a voluntary recipient mid-quarter report, the notice shall be sent as soon as administratively possible but no later than thirty days from the date the voluntary report is made.
.13 For all cases other than CalWORKs and Food Stamp cases, when aid is denied, decreased, suspended, cancelled, discontinued, or terminated.
.131 For purposes of Sections 22-071.12 and .13, a decrease shall include an overpayment adjustment and balancing.
.14 When the county demands repayment of an overpayment or a food stamp overissuance.
.15 When the county takes action after the claimant has conditionally withdrawn a request for a state hearing (see Section 22-054).
.16 When a food stamp application is pended (see Section 63-504.24).
.17 When the county determines that immediate need does not exist (see Section 40-129).
.18 When the county takes action regarding compliance related issues resulting from state hearing decisions (see Sections 22-001c.(3) and 22-078).
.19 When the county takes action to change the manner or form of payment to a protective or vendor payment.
30) and Food Stamps (MPP Section 63-504.266).
.3 In all cases, the notice shall be prepared on approved Department forms or a county substitution which has been approved by the California Department of Social Services, including but not limited to a county-developed computer equivalent.
.4 The notice shall be prepared in clear, nontechnical language.
.5 If a claimant submits a request for a state hearing on the back of the notice, a duplicate copy of the notice shall be provided to the claimant on request.
.6 When appropriate, the notice shall also inform the claimant regarding what information or action, if any, is needed to reestablish eligibility or determine a correct amount of aid.
.1 Except as provided below, in all instances where the county action would result in a discontinuance, termination, suspension, cancellation, or decrease of aid, or in a change in the manner or form of payment to a protective or vendor payment, the county shall mail timely and adequate notice as defined in Sections 22-001a.(1) and 22-001t.(1) to the persons affected.
Sections 63-504.266, .267, 63-804.6, and 63-107.9.
.13 When either state or federal law requires automatic grant adjustments for classes of recipients, the Department shall provide timely and adequate notice to the persons affected or shall direct the county to give such notice at least ten days prior to the effective date of the adjustment.
(2) Gives information which requires discontinuance or reduction of aid and the person has indicated, in writing, that he/she understands that this must be the consequence of supplying such information.
(c) The person affected has been admitted or committed to an institution, and further payments to that individual do not qualify for federal financial participation under the state's plan.
(d) The person affected has been placed in a skilled nursing facility, intermediate care facility or long-term hospitalization.
(e) The whereabouts of the person affected are unknown and the county mail directed to him/her has been returned to the Post Office indicating no known forwarding address.
(1) The person's aid payment shall be made available to him/her if his/her whereabouts become known during the payment period covered by the returned check.
(f) A CalWORKs child is removed from the home as a result of a judicial determination, or voluntarily placed in foster care by his/her parent or legal guardian.
(g) The person affected has been accepted for aid in a new jurisdiction, and that fact has been established by the county previously providing aid.
(h) A change in level of medical care is prescribed by the recipient patient's physician or modified by utilization review.
(i) A special allowance granted for a specific period is terminated, and the recipient has been informed in writing at the time of initiation that the allowance shall automatically terminate at the end of the specified period.
(j) Section 22-072.2(j)(MR) shall become inoperative and Section 22-072.2(j)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director 's QR/PB Declaration.
(MR) The county receives a complete Monthly Eligibility Report (CA 7) after the eleventh calendar day of the report month and the county's action to discontinue or decrease aid is a result of the information on the CA 7 or the recipient's failure to submit a timely or complete report of earnings without good cause as specified in Section 40-181.23(MR).
(QR) The county receives a complete Quarterly Eligibility Report (QR 7) after the eleventh calendar day of the QR Submit Month and the county 's action to discontinue or decrease aid is a result of the information on the QR 7 or the recipient 's failure to submit a timely or complete report of earnings without good cause as specified in Section 40-181.23(QR).
(1) Subsection (j) is enjoined by the injunction in Saldivar v. McMahon.
(k) The CWD has made a presumption of mismanagement of CalWORKs funds based upon a recipient's nonpayment of rent.
(1) A presumption of mismanagement based upon nonpayment of rent includes the inability of a recipient to provide verification that CalWORKs Homeless Assistance was spent on shelter/housing, in accordance with Section 44-211.514(e).
(l) Section 22-072.2(l)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director 's AR/PB Declaration.
(QR) For CalWORKs and Food Stamp cases, the county determines there will be no change in a recipient 's cash aid as a result of a recipient mid-quarter report.
.3 If timely notice is not required under the provisions of Section 22-072.2, and the claimant requests a state hearing within ten days of the required adequate notice, aid shall be reinstated retroactively, according to the provisions of Section 22-072.5.
.31 Aid shall not be reinstated retroactively if the CWD has made a presumption of mismanagement of CalWORKs funds based on the claimant's nonpayment of rent.
.4 In computing the notice period required by Section 22-072.1, the 10-day period shall not include the date of mailing, or the date that the action is to take effect.
.5 Except as provided in Sections 22-054.1 and 22-072.7, when the claimant files a request for a state hearing prior to the effective date of the Notice of Action, which is subject to Section 22-072.1, aid shall be continued in the amount that the claimant would have been paid if the proposed action were not to be taken, provided the claimant does not voluntarily and knowingly waive aid. This section shall not apply to CalWORKs (Welfare to Work) supportive services payments (see Section 42-750.213). In the Food Stamp Program, benefits shall be continued on the basis authorized immediately prior to the notice of adverse action.
.51 EXAMPLE: If the notice is mailed on April 20th to be effective May 1st, the request shall be filed before May 1.
.52 If the notice proposing action is required to be timely and is not, the hearing request shall be required to be filed before the next date on which the proposed action could become effective based on timely notice.
.521 EXAMPLE: If the notice is mailed April 21 to be effective May 1, the hearing request must be filed before the next regular benefit issuance date which occurs at least ten days after the April 21 notice.
.522 In the Food Stamp Program if a recipient fails to file a hearing request before the effective date of the proposed action, aid pending is appropriate provided the recipient establishes good cause with the State Hearings Division or the Administrative Law Judge (see Section 63-804.613).
(1) The claimant contends that he/she did not receive adequate and/or language-compliant notice and the Administrative Law Judge determines that the required notice was not received.
.61 The claimant withdraws or abandons the request for a state hearing (see Section 22-054.2). If the withdrawal is conditional, the county shall provide aid pending retroactively and prospectively if the request for a hearing is subsequently reinstated (see Section 22-054.211, provided that the claimant has complied with conditions set forth in the agreement accompanying the conditional withdrawal.
.611 If a hearing request is dismissed because the claimant failed to attend the scheduled hearing, but the decision dismissing the claim is set aside and a new hearing is granted as specified in Section 22-054.222, the county shall reinstate any applicable aid pending.
.62 The Administrative Law Judge determines, based on the record of the state hearing, that the issue involved in such hearing is one of law or change in law and not one of incorrect application of law.
.621 If the request for hearing involves multiple issues, the Administrative Law Judge shall determine that as to certain issues aid pending is appropriate while as to other issues aid pending is not appropriate. In such cases, aid may be reduced to the extent aid pending is not appropriate.
.622 If the matter is rescheduled for further hearing as specified in Section 22-062.13, the aid pending determination made by the Administrative Law Judge at the original hearing shall be considered void. Aid shall be retroactively reinstated and continued until at least the date of the further hearing in the amount the claimant would have been paid if the proposed action were not to be taken, provided the claimant does not voluntarily and knowingly waive aid.
.63 The claimant voluntarily and knowingly, in writing, waived the continuation of aid.
.631 The county representative shall be permitted to explain to the claimant the right to waive aid pending but shall not be permitted to request such a waiver.
.64 The claimant is granted a postponement of the hearing by the Administrative Law Judge at the hearing for a reason that does not constitute good cause as specified in Section 22-053.113.
.641 This provision shall not apply to a first time postponement in the Food Stamp Program.
.65 In the Food Stamp Program, the certification period expires (see Section 63-804.642(a)).
.7 After the hearing, and within ten days from receipt of the aid paid pending decision, the claimant or the county may submit a written request to the State Hearings Division for reconsideration of the aid paid pending decision.
.71 Each party shall be notified of the request and the result of the reconsideration.
.8 Nothing in this chapter shall prohibit the county from instituting any appropriate changes in the recipient's grant while a state hearing is pending, provided that the factual basis of the proposed action is different from the action upon which the recipient is receiving aid pending.
.81 All such actions shall otherwise be subject to the provisions of this chapter.
CFR 205.10; 45 CFR 255.2(h)(2); 45 CFR 256.2(c); and 45 CFR 256.4(d).
.11 Such payment shall be either placed in the U.S. Mail or available for hand-delivery to the recipient (if agreed to by the county and recipient) within five working days of the receipt of the hearing request by the appropriate agency as specified in Section 22-004, or the date the regular scheduled aid payment would otherwise have been paid to the recipient, whichever is later.
.12 If the claimant is not entitled to aid pending the hearing, the county may continue with its proposed action.
(a) The date the written request is received by the CWD for county administered aid programs or the date the request is received by the Department for all other state aid programs.
(b) The date the oral request is received by the Department in Sacramento.
(a) A written request for a state hearing is received by the CWD.
(b) The CWD is notified by the State Hearings Division that it has received a written request for a state hearing.
(c) An oral request for hearing is received by the Department in Sacramento.
.123 Upon receipt of an oral hearing request, the Department shall, within one working day of that receipt, notify the county that an oral hearing request has been filed and provide the county with sufficient information to provide aid paid pending when appropriate.
(a) In the event that a written hearing request is filed erroneously with the State Hearings Division, rather than with the CWD, such requests shall be forwarded to the county.
(b) For requests filed erroneously in a county in which the claimant does not reside, and in which the CWD has not taken any action or inaction with which the claimant is dissatisfied, these requests shall be forwarded to the Department. The Department shall forward such requests to the proper county as defined in Section 22-001c.(4).
(c) The provisions of Sections 22-073.122(a) and (b) shall be applicable to misdirected requests.
.125 For state aid programs not administered by the CWD, the Department shall issue aid paid pending, when entitlement exists, to a recipient within five working days of the date a written or oral request for a state hearing is received by the Department.
.13 Each case for which a state hearing request has been filed shall be assigned to a county representative who shall assume the major responsibility for preparing the case in accordance with the requirements of this Division and/or presenting it at the hearing. The county representative shall not have had immediate prior involvement with the case.
.21 Determine the issues raised by the hearing request.
.211 If the request for hearing does not clearly set forth the claimant's basis for appeal, the county representative shall immediately contact the claimant for clarification.
.22 After determining the issues, the county representative shall review the applicable statutes, regulations and policies in light of the evidence which exists in the case record.
.221 In conducting this initial review, the representative shall contact the eligibility worker and other county personnel as appropriate.
.222 When assistance of the Department is required to clarify any questions, such assistance shall be sought without delay.
.23 After conducting the initial review, the county representative shall make a determination concerning the appropriateness of the county action and the need for and advisability of a hearing. Disagreements and misunderstandings shall be resolved quickly, at the lowest possible administrative level, thereby avoiding unnecessary hearings.
.231 If the county representative concludes that the county action was incorrect, the county representative shall contact the claimant and attempt to resolve the case without a hearing.
(a) The county representative shall have the authority to make such a decision. The conditional withdrawal procedure described in Section 22-054.21 is usually appropriate in such instances.
(c) Provide any and all information which can be of assistance to the claimant in preparing for the hearing. This shall include revealing to the claimant any and all regulations and evidence including that which might be favorable to the claimant's case. The county representative may explain to the claimant the right to withdraw the request for hearing but shall not be permitted to request such a withdrawal. The claimant shall also be informed of the availability of any free legal representation. If the claimant is not fluent in English and if bilingual services apply as specified in Section 21-115, an explanation of the hearing procedures shall be made in the claimant's language.
.24 The county representative shall advise the State Hearings Division if an interpreter may be necessary at the hearing or if a home hearing might be appropriate.
.241 The county representative shall notify the State Hearings Division if the claimant has requested an interpreter or home hearing.
.242 The county representative shall report without delay to the State Hearings Division any known changes in the claimant's address or any other circumstances which might affect the necessity for or conduct of the hearing.
(a) This responsibility to report known changes in the claimant's circumstances continues after the hearing until a decision is rendered.
.243 In the Food Stamp Program if a household requests a state hearing and informs the county that the household expects to leave the State prior to a normally scheduled hearing date, the county representative shall inform the State Hearings Division so that a hearing date may be scheduled and a decision rendered on an expedited basis.
.25 Prior to each hearing, the county representative shall prepare a typewritten position statement.
.251 The position statement shall summarize the facts of the case and set forth the regulatory justification for the county's action.
(a) If the issue concerns the amount of aid, grant adjustment, or a demand for repayment, the county representative shall include in the position statement a complete final budget computation, month by month, for the period in issue.
(b) The county shall include as attachments to the position statement copies of documentary evidence and a list of witnesses which the county intends to use during the hearing.
(1) The documents shall be itemized on the last page of the position statement and attached as exhibits.
.252 If the county has received a 10-day prior notice of the date and time of the scheduled hearing, a copy of the position statement shall be made available to the claimant at the CWD, not less than two working days prior to the date of the scheduled hearing.
The hearing is scheduled for Friday. Absent any intervening holidays, the position statement shall be available by the opening of business the preceding Wednesday.
.253 If the county, when required, does not make the position statement available at least two working days prior to the date of the scheduled hearing, or if the county modifies the position statement after providing the statement to the claimant, the hearing shall be postponed upon the request of the claimant conditioned upon the waiver of decision deadlines contained in Section 22-060. A modification is defined as a change which substantively revises the position statement.
.26 The county representative shall determine if the presence of the eligibility worker or other county witnesses would be helpful for the resolution of the issue and may have such persons available as witnesses at the hearing.
.31 Summarizing the written position statement.
.33 Cross- examining the claimant and the claimant's witnesses.
.35 Having the county case record available at the hearing.
.36 Having the burden of going forward in the hearing to support its determination.
Repealed by Manual Letter No. CFC-07-01, effective 1/24/07.
.11 Send a county representative, with the case record and the required position statement, to the hearing.
.12 Submit a written position statement that meets the requirements of Section 22-073.251.
.121 The position statement shall be signed under penalty of perjury and contain a waiver of procedural defects of proceeding with the hearing in the absence of the county representative.
.122 The position statement and pertinent documents shall be mailed at least five days prior to the hearing to the claimant, the authorized representative, and to the place of the hearing.
.123 If the county in which the hearing is held does not receive the position statement and attachments from the county of responsibility prior to the hearing, it shall contact the responsible county concerning such position statement and shall attend the hearing on the responsible county's behalf to provide information to the Administrative Law Judge.
.13 Send the case record, or a certified copy thereof, containing all relevant information in the county 's possession and the required position statement, to the county in which the claimant is living, with the request that the county represent the responsible county at the hearing.
.131 The responsible county shall declare under penalty of perjury that the record submitted is the case record of the claimant.
.132 If certified copies of the record are sent instead of the original, the responsible county shall declare under penalty of perjury that the copies are true copies of the original records.
.133 The request shall be made in sufficient time to allow the county in which the claimant is living to arrange for representation or to notify the responsible county of its inability to provide such representation. The responsible CWD would then, necessarily follow one of the other two procedures.
.1 Immediately upon receipt of a decision of the Director, the county shall initiate action to comply with such decision.
.11 The county shall comply with such decision even if a rehearing is requested.
.12 The duty to comply continues if the request for rehearing is granted.
.13 If a rehearing decision is issued, the county shall comply with that rehearing decision to the extent it differs from the original decision.
.2 If the decision of the Director is wholly or partially in favor of the claimant, the county shall, within 30 days of receipt of the decision, submit a compliance report, on a form approved by the Department, to the State Hearings Division.
.21 The compliance report shall set forth the specific manner in which the county has complied and/or is complying with the order in the decision.
.22 In the Food Stamp Program, decisions which result in an increase in household benefits shall be implemented according to the provisions of Section 63-804.7.
.221 Decisions which result in a decrease in household benefits shall be reflected in the next scheduled issuance following receipt of the hearing decision.
.3 The claimant may contact the Department, orally or in writing, if he/she is dissatisfied with the compliance.
.31 There is no right to a state hearing if the request for hearing is based solely on a compliance issue, i.e., an allegation that the county has failed to comply with a previously adopted state hearing decision. In this situation, the substantive issue has already been resolved and the remaining issue is one of enforcement only.
.4 Upon notification that the county has failed to comply with a decision, the Department is authorized to take appropriate action to ensure compliance with such decision, including seeking injunctive relief in Superior Court, as appropriate.
.5 The claimant shall be permitted to request a new state hearing concerning his/her dissatisfaction with compliance related issues. See Section 22-001c.(3).
.51 See Section 22-009 for the time limit on requesting a hearing.
Department is reviewing the compliance as specified in Section 22-078.6.
.53 The county shall send adequate notice regarding compliance related issues resulting from state hearing decisions.
.6 Upon receipt of the compliance report submitted under Section 22-078.2, the Department shall make a determination regarding the appropriateness of the compliance.
.61 If it is determined that the compliance is appropriate, a notification shall be sent to the claimant and the county that the compliance has been approved.
.62 If it is determined that the compliance is not appropriate, a notice shall be sent to the county with a copy to the claimant, with instructions regarding what steps must be taken to ensure proper compliance with the decision.
10553, 10554, 10605, and 10961, Welfare and Institutions Code.
.1 The claimant may authorize a person or organization to represent him/her during all aspects of the hearing process by signing and dating a written statement to that effect or by stating at the hearing that the person is so authorized. If the claimant is not present at the hearing, the written statement authorizing a representative to act on behalf of the claimant for hearing purposes shall be signed and dated by the claimant on or after the date of the action or inaction with which the claimant is dissatisfied.
.11 The authorization may be limited in scope or duration by the claimant, and may be revoked by the claimant at any time. The authorization shall be presumed to be a valid authorization. Such presumption is rebuttable.
.12 If the claimant is not present at the hearing and the written authorization does not meet the requirements set forth in Section 22-085.1, the Administrative Law Judge may proceed with the hearing if the circumstances indicate that the claimant wishes to proceed with the hearing process. In such cases, an amended authorization shall be submitted after the hearing as described in Sections 22-085.221 and .222.
.13 The above requirements are for hearing purposes only. For pre-hearing requirements and the release of information to authorized representatives, see Section 19-005.
.21 If the person is an attorney as defined in Section 22-001(a)(5), and he/she states on the hearing record that the claimant is mentally competent and has authorized him/her to act as authorized representatie regarding the issue(s) to be addressed at the hearing, the attorney shall be recognized as an authorized representative without being required to submit an authorized representative form.
.221 A written authorization shall be submitted by the non-attorney within ten days of the hearing unless this time period is extended by the Administrative Law Judge.
.222 If no written authorization is submitted, the case shall be dismissed by written decision.
.23 If, at the hearing, the person cannot swear or affirm under penalty of perjury that the claimant has authorized him/her to act as the claimant's authorized representative because the claimant is incompetent, in a comatose condition, suffering from amnesia or a similar condition, the hearing may proceed at the Administrative Law Judge's discretion if the person is a relative, or a person who has knowledge of the claimant's circumstances and who completed and signed the Statement of Facts on the claimant's behalf.
.24 If the attorney or non-attorney does not state on the hearing record that the claimant is mentally competent and has authorized him/her to act as authorized representative, the attorney or non- attorney shall not be recognized as authorized representative, the hearing shall not proceed and the hearing request shall be dismissed by written decision unless Section 22-085.23 applies.
.3 Whenever the claimant is represented by an authorized representative, the authorized representative shall be furnished a copy of all notices and decisions concerning the state hearing which are provided to the claimant.
.4 After a person or organization has been authorized to represent the claimant, the county, after notification of the authorization, shall send copies of any subsequent notices and correspondence that it has with the claimant regarding the state hearing, to the claimant and the authorized representative simultaneously.
.41 The county 's duty under Section 22-085.4 shall include the requirement to send the authorized representative any notices and/or correspondence related to a conditional withdrawal or compliance with a state hearing decision.
NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections10553, 10554, 10950, and 10955, Welfare and Institutions Code and 45 CFR 205.10.


Every year we gather together with Every Nation churches around the world to partake in a corporate fast. This year, our fast is taking place January 7-11, 2018.
We invite you to slow down and make space in your calendar to gather together with others during this week, to pray together, listen together and allow God to move in our lives through one another.
The Every Nation 2019 fasting guide is titled Great Faith, and it includes practical advice if this is your first time fasting, as well as daily reflections to focus on while you fast. In addition, UChurch will be providing supplementary material that reflects upon what God has been doing within our UChurch family and what we have been hearing from him during our monthly intercession time.
Please note that our monthly intercession gathering will be held during the fasting week, on January 9th. Save the date.


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text:
In October...
November 2, 2021 November 2, 2021 in personal
Ahh, the month of Halloween, NaNoWriMo prep, and people arguing about whether it's basic to drink Starbucks in the fall.
In my case, it was the month where I decided to relaunch my blog, get back into posting YouTube videos and try a new way of planning my reading. But, things didn't quite go as planned, which threw off a few things as October went on.
The biggest thing that changed was me resigning from my job two weeks in. I wasn't happy there and the work wasn't making me feel like my skills were actually being utilized. Throw in some major cultural and communication differences and I decided that the money wasn't worth my being miserable for 5.5 more months.
I can say that I've learned a lot from this brief experience, mostly that I value my happiness and mental health more than money. I've always known that I have to have some level of love for what I do in order to enjoy it, and these six weeks proved that life in corporate communications isn't for me. I've also reaffirmed how much good communication means to me and how essential it is for me to be happy with any job.
Outside of work, I finally made the jump into buying some new products for my hair. Moving internationally means finding a new shampoo and conditioner set that I love as much as what I used in the US. Because unfortunately for me, I fell in love with a brand that isn't sold here. So the hunt is in progress. Trying to find something CGM (Curly Girl Method) friendly in Singapore is a task unlike any other. I'd be lying if I said I don't miss the accessibility to a huge range of products back when I lived in the US.
I have hope that I'll be able to find something because iHerb makes it possible to get ahold of some CGM-approved products, but only time will tell if my hair likes the change. If it doesn't, then I'm back to figuring out how to buy and ship my usual products internationally without paying an arm and a leg for shipping.
Number of books: 3
Number of hours read: 18 hours & 21 minutes
Number of pages read: 1,182
I'm a bit behind on reviews cause I'm still putting up ones from earlier in the year. This is what happens when I take 5 months off from blogging and read 16 books in the meantime. Links to individual reviews for October's reads will be available once I get through my backlog.
This month, I tried something I found on Instagram called #AngieWay. It was created by @readswithangie as a way to manage and organize all the reading she wants to do in a month. I gave it a shot to see if it would help me get through more books and decided to vlog the whole experience.
#1 - The Shadow of the Wind by Carlos Ruiz Zafon
Historical fiction - Paperback
People have been raving about this for years and I finally decided to pick it up because two different people I trust a lot recommended it on the same day. The story follows Daniel, who discovers a book by an author no one seems to know anything about, Julian Carax. Then, he learns that someone has been burning Carax's books. The more he learns, the more Daniel realizes that Carax's past is tied to some of Barcelona's darkest history.
#2 - Welcome Descent by Cam Wolfe
Horror - E-book
I've been following Cam's author channel for around a year and was excited to buy his book when it came out in January. It being Spooky Month and all, I thought it was the perfect time to pick this up. Taking place during a horrific storm, the book is about Joe Ridley, a man who is having a hard time in life. As the storm gets worse, Joe begins seeing and experiencing things that just don't make sense, all of which force him to reflect on the things that got him here.
#3 - The Art of Running Away by Sabrina Kleckner
Coming of age - E-book
When I was scrolling through NetGalley after my return to the site, this caught my attention. Middle Grade isn't an age group to reach for very often, but something about the synopsis made me download it. Maisie is twelve and the thing she loves most in the world is art. Summer is supposed to mean time with her best friend, but instead, Maisie's parents send her to Scotland while they try to save the family art store. Wanting to help, she runs away to London to reconnect with her brother who ran away from home six years ago, and convince him to help save the store. But the more she gets to know him, the more she realizes that there are things she doesn't know about her family.
While three books wasn't as much as I wanted, it was a good effort and I enjoyed all my reads thoroughly. All were outside of my comfort zone, but I liked that it got me to try things I would normally avoid.
Blog words written: 4,953
Novel words written: 1,328
The decision to track the number of words I wrote each month was a really last-minute thing. Really, it's an excuse to create another spreadsheet and track more numbers. I just like tracking numbers…
Anyways, with blogging again, the number of words I write on a monthly basis has gone up quite a bit. It's nice to see how much time I've written across the eight blog posts that went up in October. While the numbers aren't the important part, they're encouraging. They remind me that I can produce quite a bit when I'm working on things I care about.
My novel words were all in preparation for NaNoWriMo. It's been a while since I've worked on anything fictional, but with November rolling around again, it's my annual attempt at getting myself into a rhythm of writing regularly. I say this every year, but it really doesn't last once December arrives.
That being said, I think that having a tracker to show me what I have and haven't done will be an encouraging thing. As a goal-oriented person, the visuals make a big difference when I'm trying to develop a habit or get an idea of how well I'm doing at something.
YouTube: I'm sad to say that I looked at my "Watch Later" playlist and realized that I have videos from last year that I still haven't watched. 800+ videos are waiting for me and I am still interested in watching them, but it's scary to know that I've accumulated that many videos.
All this in mind, I've not actually made a dent in the playlist at all. Instead, I've watched a lot of tutorials about diffusing my hair (I still don't really get it), many videos about understanding algorithms (I don't get that either), and a Deltarune play-through (this one I understand). Oh, and how could I forget the 30+ reviews of the Kindle Paperwhite in anticipation of the Signature Edition that just came out? I've seen about 7 reviews of the Signature Edition too.
Movies: I'm not sure that I've watched any movies in October. Thinking back on it, I know that I've seen bits and pieces of movies my mom put on, but nothing has stuck. I guess that almost defeats the point of trying to recap it…
I should probably start writing them down for November.
Shows: There are many bits and pieces of k-dramas my mom watches that I've seen, but not enough to understand what's going on. What I'm really good at is paying attention right when a plot hole or factual error happens.
The ones I've actually sat down to watch are I am Mita, Your Housekeeper, which is a Japanese show on Netflix. My dad and I decided to try it as a break from the k-dramas my family has been watching. The show was okay. It started off strong but became a bit predictable for my tastes after the 4th or 5th episode.
Aside from that, I've gone through Seasons 20 & 21 of SVU with my dad. I was doing a major rewatch last year when my family visited in Maryland and my parents watched several seasons with me. They left before we got to the more recent seasons so I suggested that we go through them slowly with a couple of episodes each night during dinner while my mom attends her night class.
On my own, I've watched Season 3 of Sex Education and gone back to rewatch the show from the beginning. I've missed British humor so much and the show is too good not to watch again. Yes, Otis can be frustrating at times, but I love the dynamics between all the characters more than anything else. And I've got to applaud a show that's so sex positive and educational.
Podcasts: I was looking for something new to listen to earlier in the month and decided to give the Bad on Paper podcast another try. I first listened to their episode about women asking for raises back in April, but haven't really gone through their other episodes. On a whim, I pulled up some of their more recent episodes and found that I really enjoyed what they had to talk about. It's kind of like having two older sisters talk about all the things we don't learn as women. I've yet to go further through their backlog, but I think I really want to.
I've also been re-listening to My Dad Wrote a Porno because it's light and silly and sometimes I need to laugh at ridiculous things. The podcast isn't everyone's cup of tea, but it reminds me that I can be an author if Rocky Flintstone can somehow write "porn."
Music: It's really been a lot of Taylor Swift in anticipation of Red (Taylor's Version). I've gone through her entire discography twice and then gone back to listen to specific albums. Sometimes I forget how much I loved all the albums from Red to Lover because it gets eclipsed by my love of folklore. Going through everything again reminds me why she's the artist I come back to time and time again.
At the beginning of the month, I listened to Happier Than Ever on repeat after realizing that I'd somehow not listened to the full album yet. It's truly amazing. All the songs are great and really show how talented of an artist Billie Eilish is. So many of the songs off this album have made it into my regular rotation of music for fall.
YouTube: It's a bit weird to be posting back on YouTube again, but I have missed it. Seeing my face and hearing my voice so much during editing, but I am getting somewhat more used to it. I've decided to start a collection of weird screenshots from editing because I saw Olivia (@storiesforcoffee) do it and I've realized that I do sometimes make weird faces.
Blog: I've had so much fun with this. I'm enjoying writing about a wider range of things I'm allowing myself to write about and the inspiration has resulted in me collecting ideas into growing Scrivener file. I think my favorite post from October is about all my favorite podcasts. It was a lot of fun to put together and I'll take any excuse to gush about the things I love.
IG: This whole "not posting on the weekends" thing has been truly wonderful. I love only needing to post five times a week and being able to relax more on the weekend.
A Reel that I made at the beginning of the month suddenly gained some major traction in the second half of October. I thought it was funny when I put it up and other people seemed to think so too. Waking up to a notification that it's gained 3K views was a really, really nice feeling. It was a surge of confidence that people do enjoy the things I post about too.
Wow, there was a lot to talk about in October. I didn't realize how much had happened until I sat down and started writing this. It was kind of nice though, taking the time to reflect on all the things that have gone on in my life.
Apologies if you didn't realize it would take this long to get to the end. Knowing me, all future recaps of my month will probably be around this length too, so take this as a friendly heads-up that you might need a snack and drink next time.
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Heather Smith says: November 3, 2021
This was so lovely to read, your style is really engaging (: also seeing a picture of The Seven Husbands Of Evelyn Hugo made my heart jump a little, I feel a reread coming on. Also leaving a job sucks, but I did a similar thing about a month ago and I learnt a lot in the process, I'm glad you did too!!
Charmaine Lim says: November 3, 2021
Thank you, that's really sweet! Yes, it's hard to leave a job but there are so many new things to look forward to after 🙂
~ tabby ~ How cute of Instagram to suggest that I

redpajama_set_name: RedPajamaCommonCrawl


There's a relatively thin line that is not that difficult to cross, when you are talking in relation to the lawfulness of medicines. Although controlled substance use is mainly related with like materials as cannabis, cocaine, heroin, as well as similar medications, the primary dilemma the culture faces could possibly be the abuse in the substances that are lawfully attainable with, or possibly at instances without doctor's prescription - prescription medication. Typically, folks set up prescription medications at times of no requirement - simply to unwind simply before an anxiousness situation, to possess a higher rest on the reasonably prolonged flight, or even to not drop off to sleep at evening due to several different elements.
Regardless of this, our society determines to concentrate on the fact that marijuana Certificate has actually gotten lawful prescription opportunities, such as the issuance of health-related cannabis card to an influenced person, as opposed to concentrating on its own recklessness. We're completely comfy with neglecting that victims desire cannabis to not merely obtain substantial, however to get rid of discomfort and also make their lives premium. This can be exactly what any sort of professional medical marijuana dispensary works for. The fact is, cannabis has become proven to have various medical homes, as well as is particularly advantageous in removing extreme discomfort with unique consistent health-related circumstances and also these type of harmful illnesses as cancer. Yet the federal authorities however does not wish to legislate the plant around the national degree, regardless of the reality that states like Colorado, Nevada, Michigan as well as other people allow health-related cannabis to be supplied to people with professional clinical marijuana physician's referral and medical cannabis card obtainment. In the finish, in this vehement rivalry in between the fed as well as additionally the state, normal males and females that remain in hopeless will require of clinical cannabis will certainly lose most likely one of the most.
Health-related cannabis is an approved medication in the quantity of countries, involving Belgium, Netherlands, Australia, Canada, and also Israel. The arguments concerning marijuana only rage on inside the USA, specifically where the laws that manage this issue are shrouded with secret at ideal as well as are unbelievably rare. As much as this date, 14 of your UNITED STATE states make it possible for to advertise marijuana for professional clinical objectives. Also considering this, the DEA - Medicine Enforcement Administration - doesn't seem to have any sort of problem with raiding any sort of health-related marijuana dispensary (e.g. in The golden state) as well as the private residence of patients that were been prescribed marijuana treatment to cure their medicinal scenarios. That is conscious of exactly where does the state's authority ends as well as starts that of your federal government? This whole situation is as hazy as it's been ever considering that.
While we could not disclaim that marijuana has certain intoxicating buildings, things is that it has become vindicated to possess true as well as efficient healthcare values. The least the government authorities could do is regulate the sale of cannabis in states that licensed health-related marijuana for sale, Dispensaries in Los Angeles and also use by ways of medical care dispensary solutions. Therefore, they can possibly be tracking individuals, who abuse the drug, meantime permitting sufferers that genuinely need it to persist doing so and never being afraid apprehension or harassment.
Nonetheless, in an extremely country exactly where awareness is every thing, precisely where individuals define things just black and also white not understanding that at circumstances these tones of grey make issues budget-friendly, the single mentioning on the word "cannabis" is just sufficient for a lot of objection. Within the USA, persons do not stop looking in the medication, skipping the cause for it as well as the fact that every individual has to obtain a health-related cannabis card 1st. They never find that regarding the means to control cannabis's use to ensure that it will not enter the incorrect hands, however they rather leap to criticizes that it's never used for extremely good variables, and also therefore this, persons that could not take into consideration each day with out pain bring on to live the method which they're compelled to live, although they recognize the very best way for their remedy.Article Source: Aid, Inc is a firm for marijuana wa.