California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - April 3, 1996
| Item 96-04-01A Hearing Procedures Guide |
This draft Hearing Procedures Guide was developed by the SDTB. Judges are invited to use this guide and to share comments and suggestions with SDTB judges Barry Bernstein, Peter Hemenway, Loreen O’Hare-Hall, or Presiding Judge Laurence Geller.
[As participants enter hearing room]
To all participants:
Good morning/afternoon, I am [name], the Judge assigned to hear your case. Please be seated. [Activate recorder] This hearing is being recorded as required by law.
[If an interpreter is present]
To interpreter:
Please state your name [and language if necessary]. Are you state-certified? Do you have an interest in the outcome of this case? Please raise your right hand. Do you swear or affirm to interpret from English to [other language] and from [other language] to English as accurately as possible, to remain neutral, and to respect the confidentiality of all matters presented at this hearing.
To claimant:
The State has provided an interpreter for your hearing. The interpreter is under oath to provide an accurate unbiased interpretation. Please do not expect the interpreter to argue on your behalf.
To claimant:
Please state your name and address. [Write correct address on DPA 99 if necessary]
Let the record show the state hearing of [claimant’s name] is being held in [city] on [date]. I am [name], the Judge assigned to hear your case by the Director of the California Department of Social Services. I have no connection with [name] County. I will take evidence from you and the county in the form of documents and testimony. My decision will be based only on the evidence you and the county give me, and the applicable law.
You will not receive a decision today. You will receive a written decision in the mail. [Explain stipulated decision if appropriate]
[If criminal prosecution is likely and the claimant does not have legal representation]
To claimant:
If the county proceeds against you in a criminal prosecution, anything you say in this hearing may be used against you. You may wish to seek legal representation.
To all other participants:
Please state your full name and why you are at this hearing.
The testimony presented at this hearing must be given under oath. If you will testify today, please raise your right hand. [Administer the oath] Under penalty of perjury, do you swear (or affirm) to tell the truth at this hearing today? Let the record show [identify the participants who took the oath] are under oath. [Exclude witnesses from hearing until called, if appropriate]
Let the record show exhibit #1 is the county position statement with attached documents.
To claimant:
Did you receive a copy of this exhibit? Did you have adequate time to read it? [If the claimant answers "No", offer a recess and/or assure the claimant the position statement will be explained during the hearing.]
[If the county has additional exhibits] Let the record show exhibit #2 is: [identify exhibit]; exhibit #3 is: [identify exhibit]; etc.
Let the record show exhibit "A" is the hearing request you submitted on [date]/the CDSS record of your [date] telephone call requesting this hearing. [If the claimant has additional exhibits] Exhibit "B" is [either DPA 19 (AR form) or the claimant's second hearing request]. Exhibit "C" is [identify exhibit]; exhibit "D" is [identify exhibit]; etc. [Verify that all exhibits are provided to other parties.]
To all participants:
I understand the issue(s) is/are: [identify specific issues; determine if newly raised issues are reasonably related] Is this correct/do you agree? [Do not proceed until all issues are identified and agreement is obtained] Are you ready to proceed?
The hearing will be conducted as follows: The county will first present its case followed by questions from the claimant, AR, and me, then the claimant/AR may present his/her case followed by questions from the county and me. [Or, it may be appropriate for the claimant/AR to present his/her case first.]
To county representative:
Please present/proceed with your case.
To county representative if county has witnesses:
Please call your witness. [Repeat the following procedure for each witness called by the county.]
To county’s witnesses:
Please state your full name. [Administer oath to unsworn witnesses.]
To county representative:
You may ask questions of/inquire of/proceed with direct examination of/ your witness.
To claimant/AR, after county representative completes direct examination:
You may ask questions of/inquire of/cross-examine/ the county’s witness.
To county representative:
You may ask questions of/inquire of/proceed with redirect examination of/ your witness.
To claimant/AR, after county representative completes redirect examination:
You may ask questions of/inquire of/proceed with recross of/ the county’s witness.
To county representative after presenting case:
Does the county have any further comments or evidence at this time?
To claimant/AR:
You may now present/proceed with your case.
To claimant/AR if claimant/AR has witnesses: Please call your witness. [Repeat the following procedure for each witness called by the claimant.]
To claimant's witnesses:
Please state your full name. [Administer oath to unsworn witnesses.]
To claimant/AR:
You may ask questions of/inquire of/proceed with direct examination of/ your witness.
To county representative, after claimant/AR completes direct examination:
You may ask questions of/inquire of/cross-examine/ the claimant/ the claimant’s witness.
To claimant/AR:
You may ask questions of/inquire of/proceed with redirect examination of/ your witness.
To claimant/AR, after county representative completes redirect examination:
You may ask questions of/inquire of/proceed with recross of/ the claimant’s witness.
To county representative, if claimant testified:
You may ask questions of/inquire of/proceed with direct examination of/ the claimant. [Repeat the above procedure for redirect and recross.]
To claimant/AR after presenting case:
Do you have any further comments or evidence at this time?
To county representative:
Do you have any final questions or comments/closing statement?
To claimant/AR:
Do you have any final questions or comments/a closing statement?
[If you determine more evidence is needed or either party wants to submit additional relevant evidence after the hearing: Complete Time Waiver to identify the evidence to be submitted during the record open period, determine whether the evidence will be submitted to the Judge and/or to the other party, set deadlines for the submission of evidence and responses, and obtain appropriate signatures. Retain original for hearing file and give most legible copy to AR and other copies to claimant and county. Give claimant a self addressed stamped envelope.]
After parties have concluded their cases:
I will prepare a decision resolving the following issue(s): [identify issue(s)] The first page of the decision will explain the appeal rights of both parties, which include requesting a rehearing within 30 days after you receive the decision. [If you think a Director’s alternate decision is possible, explain this possibility. If this hearing is a rehearing or an ADH, mention appeal rights to Superior Court.]
To claimant, if an aid pending decision will be issued at hearing:
At this time, I must make an aid pending decision. This decision is not the same as/related to whether your claim will be granted or not in the adopted decision. Because the issue(s) to be resolved does/does not involve a factual dispute, your benefits will/will not continue from now/after the end of this month until the decision is adopted. [Give more detailed explanation if needed. Complete aid pending form. Retain original for hearing file and give most legible copy to county, and other copies to claimant and AR.]
To all participants:
I will now close this hearing.