California Department of Social Services - State Hearings Division
Notes from the Training Bureau - February 25, 1999

At recent training sessions with the Judges on Intentional Program Violations, a number of issues were discussed which are shared here.

It is the county’s responsibility to provide necessary documentation to support the specific penalty it is requesting.

If the county is requesting a twelve month disqualification for the first violation or twenty four months for the second violation under Food Stamps and the monthly report and application documents do not provide notice of the new penalties, the county must include its reasons and the available documentation, if any, to support its contention that respondent be subject to the increased penalties.

If the county is alleging a second or third violation in either the CalWorks and/or FS Programs, it is incumbent upon the county to include in its evidence, copies of documents establishing the earlier disqualification(s).

In both of the above situations, the county should either include in its submitted evidentiary packets, or at a minimum, identify the documentary evidence in its request for hearing that it will use to support its request. If not provided before the hearing, it is necessary for the county to introduce such documentation during the course of the hearing.

If the county fails to include the above documentation or other pertinent information on these issues, the county will find its request for increased disqualification periods denied. The county should further understand a Judge has discretion to simply deny the county’s request for the increased penalties without requesting the documentation at the hearing.