STATE HEARING AND REQUEST FOR REVIEW STATE HEARING - GENERAL

TABLE OF CONTENTS

CHAPTER 22-000 STATE HEARING - GENERAL

Section

Definitions ........................................................................................................................................ 22-001

Determination of Time...................................................................................................................... 22-002

Right to State Hearing....................................................................................................................... 22-003

Request for State Hearing ................................................................................................................. 22-004

Repealed by Manual Letter No. CFC-95-02, effective 5/12/95........................................................ 22-005

Time Limit on Request for a State Hearing ...................................................................................... 22-009

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-010

Renumbered by Manual letter No. CFC-95-02, effective 5/12/95.................................................... 22-015

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-017

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-021

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-022

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-023

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-024

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-025

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-026

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-027

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95 .................................................. 22-028

Repealed by SDSS Manual Letter No. CFC-87-05 .......................................................................... 22-040

Acknowledgement of Request for a State Hearing ........................................................................... 22-043

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STATE HEARING AND REQUEST FOR REVIEW STATE HEARING - GENERAL

CHAPTER 22-000 STATE HEARING - GENERAL

Section

Setting the Hearing ........................................................................................................................... 22-045

Group Hearings ................................................................................................................................. 22-047

The Hearing - General Rules and Procedures ................................................................................... 22-049

Evidence............................................................................................................................................ 22-050

The Examination of Records and Issuance of Subpoenas ................................................................ 22-051

Witness Fees and Mileage................................................................................................................. 22-052

Postponements and Continuances for Additional Evidence ............................................................. 22-053

Dismissals ......................................................................................................................................... 22-054

Disqualification of an Administrative Law Judge ............................................................................ 22-055

Claimant Living Outside of California/Institutionalized Claimants ................................................. 22-056

Communications After Hearing ........................................................................................................ 22-059

Disposition of State Hearings ........................................................................................................... 22-060

Submission of Proposed Decision/Adoption of Final Decision........................................................ 22-061

Action by the Director ...................................................................................................................... 22-062

Notice of Decision ............................................................................................................................ 22-063

Availability of State Hearing Records .............................................................................................. 22-064

Rehearing .......................................................................................................................................... 22-065

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STATE HEARING AND REQUEST FOR REVIEW STATE HEARING - GENERAL

CHAPTER 22-000 STATE HEARING - GENERAL

Section

County Welfare Responsibility ......................................................................................................... 22-069

Explanation of Right to State Hearing .............................................................................................. 22-070

Adequate Notice................................................................................................................................ 22-071

Timely Notice - Aid Pending Hearing .............................................................................................. 22-072

County Welfare Agency Responsibility Prior to the State Hearing.................................................. 22-073

Repealed by Manual Letter No. CFC-07-01, effective 1/24/07........................................................ 22-074

Repealed by Manual Letter No. CFC-07-01, effective 1/24/07........................................................ 22-075

Repealed by Manual Letter No. CFC-07-01, effective 1/24/07........................................................ 22-076

Hearing Not Held in County Responsible for Aid ............................................................................ 22-077

Compliance with State Hearing Decisions........................................................................................ 22-078

Authorized Representative ................................................................................................................ 22-085

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-000

DIVISION 22 STATE HEARING AND REQUEST FOR REVIEW CHAPTER 22-000 STATE HEARING - GENERAL

22-000 STATE HEARING - GENERAL 22-000

.1 The responsibility for providing a full and impartial hearing to the claimant rests jointly with the county and the state department.

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.11 The state department is responsible for the overall administration of the hearing process and the conduct of each hearing.

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.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.

.15 Any part of these regulations which apply only to specific aid programs shall be so designated. NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10051, 10553, 10554 and 10950, Welfare and Institutions Code and 45 CFR 205.10.

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22-001 STATE HEARING - GENERAL Regulations

22-001 DEFINITIONS 22-001

The following definitions shall apply wherever the terms are used throughout Division 22.

(a)

(1)

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.

(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.

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The Administrative Law Judge shall prepare fair, impartial and independent decisions.

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(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).

(4) Alternate Decision - A decision issued by the Director which differs from the Administrative

Law Judge's proposed decision. See Section 22-062.

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(5) Attorney - an active member of the California State Bar.

(6) Authorized Representative - An individual or organization that has been authorized by the claimant or designated by the Administrative Law Judge or Department pursuant to Sections 22-

085 and 22-101 to act for the claimant in any and all aspects of the state hearing or administrative disqualification hearing.

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(A) An authorized representative may include an attorney, a relative, a friend, or other spokesperson.

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(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.

(b)

Reserved

(c)

(1)

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.

(2)

Claimant - The person who has requested a state hearing and is or has been any of the following:

(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.

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(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.

(G) A foster care provider, including group homes and foster family agencies, who request a hearing to challenge a county action to recover an overpayment under Sections 45-304,

45-305, and 45-306, except for overpayments requests made by a county pursuant to

Section 45-304.124.

(3)

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.

(4)

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.

(5)

County or CWD - For purposes of this division, "county" or "CWD" generally refers to the county welfare department. The term "county welfare department" is used in Sections 22-

001c.(7), 22-003 and 22-073 to mean the welfare department in the county in which the recipient resides or the county that has taken the action or inaction with which the recipient is dissatisfied. Any references to "county" or "CWD" may also refer to any state department or contractor whose actions may be subject to a state hearing. For purposes of Sections 22-053.165, 22-

073.13, 22-073.252, .253, and .254, "county" or "CWD" shall not include the California

Department of Health Services.

(6)

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.

(7)

County or CWD Representative - An employee who is assigned the major responsibility for preparing and/or presenting a hearing case on behalf of the CWD. (See Section 22-073.13.)

(d)

(1)

Days - Days shall refer to calendar days unless otherwise specified.

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(2) Decision of the Director - The decision issued by the Director which resolves a state hearing case and is one of the following:

(A) A final decision issued by an ALJ that is not subject to review before issuance;

(B) A proposed decision by an ALJ which has been adopted as final by the Director; or

(C) An alternate decision of the Director that overrules an ALJ 's proposed decision and has

been adopted as final.

(3)

Department - The California Department of Social Services or the California Department of

Health Services, whichever is appropriate.

(4)

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.

(e)

Reserved

(f)

(1)

Filing Date

(A) All written requests for hearings shall be date stamped by the State Hearings Division or the CWD on the day the request is "received". Unless the evidence indicates otherwise, the filing date of the claimant's written request for a state hearing shall be determined as follows:

1. If the request is mailed to the State Hearings Division, or to the CWD, the postmark date of the envelope.

2. If the request is delivered by hand to the State Hearings Division or to the

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.

(B) The filing date of an oral request shall be the date the request is received by the

Department.

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(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).

(2)

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.

(g)

Reserved

(h)

(1)

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.

(i)

Reserved

(j)

Reserved

(k)

Reserved

(l)

(1)

Language-Compliant Notice - A notice of action that meets the applicable reuirement in (a) or (b)

below:

(a) For notices of action provided by the California Department of Social Services (CDSS)

in the claimant 's primary language:

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.

(b) For CDSS notices of action that CDSS does not provide in the claimant 's primary language:

The county must offer and provide interpretive services for the notice of action if either of the following applies:

(1) The claimant contacts the county about that notice of action prior to the deadline for a timely request for hearing on an adequate notice of action and indicates a need for interpretive services; or

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(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.

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Section 21-115.2 provides as follows:

"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."

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(m)

Reserved

(n)

Reserved

(o)

Reserved

(p)

(1)

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.

(2)

Proposed Decision - The decision prepared by the Administrative Law Judge concerning a state hearing case which he/she recommends to the Director for adoption.

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(A) A proposed decision has no effect unless it has been adopted by the Director or adopted by operation of law. (See Section 22-062, Action by the Director.)

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(q) (r)

(s)

(1)

Reserved

Reserved

State Hearing - A form of administrative hearing mandated by federal and state law whereby a

dissatisfied claimant may obtain an impartial review of a county action.

(t)

(1)

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.

(u)

Reserved

(v)

Reserved

(w)

Reserved

(x)

Reserved

(y)

Reserved

(z)

Reserved

NOTE: Authority cited: Sections 10553, 10554 and 10604, Welfare and Institutions Code; and Senate Bill

84, Chapter 177, Statutes of 2007, Sections 32 and 33. Reference: Sections 10051, 10613, 10950, 10963,

11209, 11323.6, 11323.8, 11466.23, 11466.235, and 11466.24, Welfare and Institutions Code; Sections 6700,

6701, 11425.10, and 11425.60, Government Code; 45 CFR 205.10; 45 CFR 205.10(a)(4)(i)(B); and 45 CFR

255.4(j)(1) and Part 256.

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22-002 DETERMINATION OF TIME LIMITS 22-002

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

22-003 RIGHT TO A STATE HEARING 22-003

.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.

.11 There is no right to a state hearing regarding a Food Stamp or CalWORKs administrative disqualification, unless the issue is the CWD's method of implementing a Food Stamp or CalWORKs administrative disqualification hearing decision. (See Division 22, Chapters 22-200 and 22-300, Division 20, Chapter 20-300, and Division 63, Section 63-805.)

.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.

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.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.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code; and Senate Bill

84, Chapter 177, Statutes of 2007, Sections 32 and 33. Reference: Sections 10613, 10950, 11209, 11466.23,

11466.235, and 11466.24, Welfare and Institutions Code; 45 CFR 205.10; 45 CFR 235.112(c)(2); 45 CFR

255.4(j)(1) and 256.4(b); and Madrid v. McMahon (1986) 183 Cal. App. 3rd 151, In Re Jennifer G. (1990)

221 Cal App. 3rd 752 and In Re Moriah T. (1994) 23 Cal. App. 4th 1366.

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22-004 REQUEST FOR A STATE HEARING 22-004

.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.

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.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.

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.31 A toll-free number is available for this purpose.

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.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553, 10554, and 10965, Welfare and Institutions Code; and Section 44, Probate Code.

22-005 REQUEST FOR REVIEW 22-005

Repealed by Manual Letter No. CFC-95-02, effective 5/12/95.

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22-009 TIME LIMIT ON REQUEST FOR A STATE HEARING 22-009

.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.

.12 In the Food Stamp Program, the time limits for state hearing requests are set forth in Sections 63-

802.4 and 63-804.5.

.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.

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.21 Example #1: The county issues the claimant adequate and language-compliant notice on January

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.

.22 Example #2: The county issues an adequate and language-complaint notice of action on March

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.

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22-009 TIME LIMIT ON REQUEST FOR A STATE HEARING 22-009

HANDBOOK CONTINUES

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.

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NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Senate Bill 84, Chapter 177, Statutes of 2007, Sections 32 and 33. Reference: Sections 10950, 10951, 11466.23, 11466.235, and 11466.24, Welfare and Institutions Code and Morales v. McMahon (1990) 223 Cal App. 3rd 184, 272

Cal. Rptr. 688.

22-010 AUTHORIZED REPRESENTATIVE 22-010

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-024

22-015 COUNTY WELFARE RESPONSIBILITY 22-015

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

22-017 EXPLANATION OF RIGHT TO STATE HEARING 22-017

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

22-021 ADEQUATE NOTICE 22-021

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

22-022 TIMELY NOTICE - AID PENDING HEARING 22-022

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

22-023 COUNTY WELFARE AGENCY RESPONSIBILITY PRIOR TO 22-023

THE STATE HEARING

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

22-024 PRELIMINARY HEARING PROCEDURE 22-024

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-043

22-025 DISMISSAL OF A PRELIMINARY HEARING 22-025

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

22-026 PROCEDURE AFTER THE PRELIMINARY HEARING 22-026

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

22-027 HEARING NOT HELD IN COUNTY RESPONSIBLE FOR AID 22-027

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

22-028 COMPLIANCE WITH STATE HEARING DECISIONS 22-028

Renumbered by Manual Letter No. CFC-95-02, effective 5/12/95.

22-043 ACKNOWLEDGEMENT OF REQUEST FOR A STATE HEARING 22-043

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

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Regulations STATE HEARING - GENERAL 22-045

22-045 SETTING THE HEARING 22-045

.1 The state hearing shall be held in California in the county in which the claimant is living at the time of the hearing unless the parties agree to conduct the hearing at another location. (See Section 22-056 for out-of-state residents.)

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code; 7 CFR 273.15(b); and 45 CFR 205.10(a)(2).

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-047

22-047 GROUP HEARINGS 22-047

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

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22-049 STATE HEARING - GENERAL Regulations

22-049 THE HEARING - GENERAL RULES AND PROCEDURES 22-049

.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.

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.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.

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.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.

.531 Prior to the hearing, a party may request in writing to the regional Presiding Administrative Law Judge that a hearing be limited to the jurisdictional issue. A copy of that request shall be sent to the other party. The Presiding Administrative Law Judge shall make a preliminary determination and inform the parties that:

(a) the hearing shall proceed only on the jurisdictional issue; or

(b) the hearing shall proceed on both jurisdictional and substantive issues.

.532 If, prior to or at the hearing, both parties agree to discuss only the jurisdictional issue, or the Administrative Law Judge on his/her own motion determines that only the jurisdictional issue will be discussed, the parties need not submit evidence on the substantive issues and the Administrative Law Judge shall take evidence only on the jurisdictional issue. The Administrative Law Judge shall:

(a) Inform the parties orally at the hearing or in writing within ten days after the hearing that the hearing will not proceed on the substantive issues and a decision will be prepared solely on the jurisdictional issue, or

(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.

.61 When the state hearing is to be held with the assistance of an interpreter, the Administrative Law

Judge shall determine if the interpreter has been certified by the Department.

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.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.

(c) Assure objective interpretation by, at his/her discretion, disqualifying interpreters who are:

(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.

.7 The rights of the claimant and the county shall include the right to:

.71 Examine parties and witnesses.

.72 Conduct such cross-examination as may be required for a full disclosure of the facts.

.73 Introduce exhibits.

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.74 Bring witnesses.

.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.

.78 Rebut the evidence.

.8 The following shall apply to communications concerning the hearing:

.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.

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(a) See Section 22-073.25 regarding position statement requirements.

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.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553, 10554, 10955, 10958.1 and 10967, Welfare and Institutions Code; and Section 11435.65, Government

Code.

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22-050 EVIDENCE 22-050

.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.

.23 The Administrative Law Judge shall exclude evidence which is privileged under the Evidence

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.

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.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.

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.42 The Administrative Law Judge may take official notice of those matters set forth in Section 452 of the Evidence Code.

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.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.

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.43 The Administrative Law Judge may take official notice of any generally accepted technical fact relating to the administration of public social service.

.44 With respect to matters under Subsection 22-050.43 above and subdivision (f) of Section

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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

22-051 THE EXAMINATION OF RECORDS AND ISSUANCE OF SUBPOENAS 22-051

.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.

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Regulations STATE HEARING - GENERAL 22-051

22-051 THE EXAMINATION OF RECORDS AND ISSUANCE OF SUBPOENAS 22-051

.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.

.4 Before the hearing has commenced, the Chief Administrative Law Judge or his/her designee shall be permitted to, upon the written or oral request of the claimant or the CWD, issue a:

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code and Code of Civil Procedure Section 1987.

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22-052 STATE HEARING - GENERAL Regulations

22-052 WITNESS FEES AND MILEAGE 22-052

.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.

.11 The amount of witness fees and mileage paid shall be the same as the amount specified in the

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.

.21 The amount of witness fees and mileage paid shall be the same as the amount specified in the

Government Code for witness fees and mileage.

22-053 POSTPONEMENTS AND CONTINUANCES FOR ADDITIONAL 22-053

EVIDENCE

.1 Postponements are subject to the following conditions.

.11 Claimant requests.

.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.

.113 Good cause applies if the claimant or authorized representative establishes that the hearing should be postponed for reasons that include, but are not limited to, the following:

(a) A death in the family.

(b) Personal illness or injury.

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22-053 POSTPONEMENTS AND CONTINUANCES FOR 22-053

(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.

(e) The claimant contends that he/she is not adequately prepared to discuss the issues because he/she did not receive an adequate and/or language-compliant notice, and the Administrative Law Judge determines that the required notice was not received. (See Section 22-049.52.)

(f) The county, when required, does not make a position statement available to the claimant at least two working days prior to the date of the scheduled hearing, or the county has modified the position statement (as defined in Section 22-

073.253) after providing the statement to the claimant, and the claimant has waived decision deadlines contained in Section 22-060.

.12 County requests.

.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.

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22-053 POSTPONEMENTS AND CONTINUANCES FOR 22-053

.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.

.4 Aid Pending Hearing

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553, 10554, 10952, 10952.5, and 10957, Welfare and Institutions Code and 7 CFR 273.15(c) and (k)(2)(i).

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22-054 DISMISSALS 22-054

.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.

.21 Withdrawal

.211 The claimant may withdraw his/her hearing request any time before a decision of the

Director is signed.

(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.

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(1) See Section 22-072.71 regarding the effect of withdrawal on aid pending.

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(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.

(3) If the withdrawal is conditional:

(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.

.22 Abandonment

.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.

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.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.

(a) The criteria for good cause shall include, but not be limited to:

(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.

(b) If a new hearing is granted and a decision dismissing the claim is set aside, any applicable aid paid pending shall be reinstated as specified in Section 22-

072.611.

(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.

.3 A request for hearing or portion thereof shall be dismissed by a written hearing decision when:

.31 The issue is not within the jurisdiction of a state hearing as defined in Section 22-003.1 and

Welfare and Institutions Code Section 10950.

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.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.

.35 The person who requests the hearing does not have standing to request the hearing. See Section

22-001c.(2).

.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.

.4 The Chief Administrative Law Judge, or his/her designee, shall have authority to dismiss, without a hearing and written decision, a hearing request which is subject to dismissal under Sections 22-054.31,

.32 or .37.

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code and 45 CFR 205.10(a)(5)(8).

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Regulations STATE HEARING - GENERAL 22-055

22-055 DISQUALIFICATION OF AN ADMINISTRATIVE LAW JUDGE 22-055

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

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22-056 STATE HEARING - GENERAL Regulations

22-056 CLAIMANT LIVING OUTSIDE OF CALIFORNIA/ 22-056

INSTITUTIONALIZED CLAIMANTS

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

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Regulations STATE HEARING - GENERAL 22-060

22-059 COMMUNICATIONS AFTER HEARING 22-059

.1 After the hearing record is closed, communications to the Department concerning a case shall be excluded from the record and shall be disregarded prior to the adoption and release of the decision of the Director except that:

.11 Oral and written communications concerning the status of the decision, or the date of delivery of additional evidence to be submitted under the provisions of Section 22-053.21, or protesting an Administrative Law Judge's determination under Section 22-072.63 with respect to aid pending a hearing or a disqualification request under the provisions of Section 22-055, are not improper; and

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code; and 11430.10(a), Government Code.

22-060 DISPOSITION OF STATE HEARINGS 22-060

.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.

.11 If the claimant conditionally withdraws the hearing request under the provisions of Section 22-

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.

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22-061 STATE HEARING - GENERAL Regulations

22-061 SUBMISSION OF PROPOSED DECISION/ADOPTION 22-061

.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.

.21 The notice shall inform the claimant that he/she may elect to have a new oral hearing held in the matter, provided that he/she agrees to waive the 90-day or 60-day period set forth in Section 22-

060.

.22 An Administrative Law Judge shall be considered unavailable within the meaning of this section if he/she:

.221 Is incapacitated.

.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.

.4 Decisions rendered by Administrative Law Judges pursuant to the authority delegated to them by the

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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code and 45 CFR 205.10(a)(15)(ii).

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-062

22-062 ACTION BY THE DIRECTOR 22-062

.1 The Director after receiving the proposed decision shall:

.11 Adopt the decision in its entirety; or

.12 Decide the matter on the record, including the transcript, with or without taking additional evidence-an alternate decision; or

.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.

.31 The decision shall include:

.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.

.5 In cases involving allegations of discrimination and preparation of a report in accordance with Section

21-203.2, the case shall be remanded to the county for the preparation of a report in accordance with

Section 21-203.12.

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22-063 STATE HEARING - GENERAL Regulations

22-063 NOTICE OF DECISION 22-063

.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.

.11 The notice of decision shall contain:

.111 Applicable rehearing rights.

.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.

.2 If the Director:

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553, 10554, and 10959, Welfare and Institutions Code.

22-064 AVAILABILITY OF STATE HEARING RECORDS 22-064

.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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553, 10554, and 10956, Welfare and Institutions Code.

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STATE HEARING AND REQUEST FOR REVIEW

22-065 REHEARING 22-065

.1 The claimant or the county may file a request for a rehearing.

.11 Such request shall be in writing and shall be filed with the State Hearings Division not more than

30 days after receipt of the hearing decision.

.111 The request shall not be required to be in any particular form.

.112 For requests involving a decision issued by the California Department of Health

Services, the request shall be mailed to the California Department of Social Services.

.113 Such request shall specify the reasons for the rehearing request.

.12 If the request is to permit presentation of additional evidence, the request shall:

.121 Describe the additional evidence;

.122 State why it was not previously introduced; and

.123 Explain its materiality.

.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.

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.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.

.4 If a request for rehearing is granted, the Director may order the Administrative Law Judge to review one, several, or all issues which were presented for review at the original state hearing. The Director may:

.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.

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-065

.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.

.6 The following shall not be subject to a rehearing:

.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.

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-070

22-069 COUNTY WELFARE RESPONSIBILITY 22-069

.1 Each county shall furnish to the State Hearings Division the name of an individual who, in coordination with the Chief Administrative Law Judge, is responsible for discharging the requirements of Sections

22-069 through 22-078.

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.11 Sections 22-069 through 22-078 describe the responsibilities of the county in the state hearing process.

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.12 The county responsibility shall include:


hearing.


.121 Submission of the original hearing request to the Administrative Law Judge at the


.122 Review of the case and assistance to the claimant prior to the hearing; and

.123 Presentation of the county's position during the hearing; and

.124 Compliance with state hearing decisions.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

22-070 EXPLANATION OF RIGHT TO STATE HEARING 22-070

.1 At the time of application, the county agency shall provide the applicant with the following:

.11 A thorough explanation of the right to request a state hearing.

.12 Pamphlet PUB 13 (1/98), "Your Rights Under California Welfare Programs," prepared by the

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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

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STATE HEARING AND REQUEST FOR REVIEW

22-071 STATE HEARING - GENERAL Regulations

22-071 ADEQUATE NOTICE 22-071

.1 Except as provided in Section 22-071.2, the county shall give the claimant adequate notice as defined in

Section 22-001(a)(1) in the following instances:

.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.

.2 The adequate notice requirement is not applicable to certain actions involving Social Services (Division

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.

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STATE HEARING AND REQUEST FOR REVIEW

22-071 ADEQUATE NOTICE 22-071

.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.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, 10613, 11209, 11265.2, and 11265.3, Welfare and Institutions Code; and 45 CFR

255.4(j)(1) and 256.4(b).

22-072 TIMELY NOTICE - AID PENDING HEARING 22-072

.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.

.11 The provisions of Section 22-072 shall not apply to certain actions involving Social Services (see

Division 30).

.12 In the Food Stamp Program the provisions of Section 22-072 shall be limited and modified by

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 Timely notice shall not be required in the following instances, although the county shall send adequate notice no later than the effective date of the action:

(a) The county has factual information confirming the death of the person affected. (b) The county receives a clear written statement signed by the person affected that:

(1) He/she no longer wishes aid, or

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STATE HEARING AND REQUEST FOR REVIEW

22-072 TIMELY NOTICE - AID PENDING HEARING 22-072

(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).

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STATE HEARING AND REQUEST FOR REVIEW

22-072 TIMELY NOTICE - AID PENDING HEARING 22-072

(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).

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(1) Subsection (j) is enjoined by the injunction in Saldivar v. McMahon.

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(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.

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.41 Thus, if the effective date of the action is to be June 1, the notice shall be mailed no later than

May 21.

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STATE HEARING AND REQUEST FOR REVIEW

22-072 TIMELY NOTICE - AID PENDING HEARING 22-072

.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.

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.51 EXAMPLE: If the notice is mailed on April 20th to be effective May 1st, the request shall be filed before May 1.

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.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.

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.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.

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.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).

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STATE HEARING AND REQUEST FOR REVIEW

22-072 TIMELY NOTICE - AID PENDING HEARING 22-072

(a) The criteria for good cause shall be as follows:

(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.

(2) Any other substantial and compelling reason as determined by the

Administrative Law Judge.

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STATE HEARING AND REQUEST FOR REVIEW

22-072 TIMELY NOTICE - AID PENDING HEARING 22-072

.6 Aid pending shall cease when:

.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.

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-072

22-072 TIMELY NOTICE - AID PENDING HEARING 22-072

.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.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, 10613, 11209, and 11265.1, Welfare and Institutions Code; 7 CFR 273.15(c)(4); 45

CFR 205.10; 45 CFR 255.2(h)(2); 45 CFR 256.2(c); and 45 CFR 256.4(d).

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STATE HEARING AND REQUEST FOR REVIEW

22-073 STATE HEARING - GENERAL Regulations

22-073 COUNTY WELFARE AGENCY RESPONSIBILITY PRIOR TO THE 22-073

STATE HEARING

.1 Upon receipt of a request for hearing or notice from the Department that a recipient has filed a request for a state hearing, the county shall provide aid pending the state hearing in accordance with Section

22-072, when entitlement exists.

.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.

.121 Unless the evidence indicates otherwise, the receipt date for purposes of providing

(issuing) aid paid pending shall be determined as follows:

(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.

.122 The CWD shall compute the five day time limitation for paying aid paid pending from the date:

(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.

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22-073 COUNTY WELFARE AGENCY RESPONSIBILITY PRIOR TO THE 22-073

.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.

.124 Misdirected Requests

(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.

.2 Prior to the hearing, the county representative shall:

.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.

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22-073 COUNTY WELFARE AGENCY RESPONSIBILITY PRIOR TO THE 22-073

.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.

.232 If the county representative concludes that the county action was correct, the county representative shall contact the claimant and:

(a) Inquire if the claimant plans to attend the hearing;

(b) Determine if there are any further contentions which the claimant will attempt to raise at the hearing; and

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STATE HEARING AND REQUEST FOR REVIEW

22-073 COUNTY WELFARE AGENCY RESPONSIBILITY PRIOR TO THE 22-073

(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.

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22-073 COUNTY WELFARE AGENCY RESPONSIBILITY PRIOR TO THE 22-073

.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.

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Example:

The hearing is scheduled for Friday. Absent any intervening holidays, the position statement shall be available by the opening of business the preceding Wednesday.

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.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.

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-073

22-073 COUNTY WELFARE AGENCY RESPONSIBILITY PRIOR TO THE 22-073

.254 A postponement due to the county not making the position statement available within not less than two working days prior to the date of the scheduled hearing or due to the county modifying the position statement after providing the statement to the claimant, shall be considered postponement with good cause. (See Section 22-053.)

.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.

.3 At the hearing, the county representative shall assume full responsibility for presentation of the county's case. Such presentation shall include:

.31 Summarizing the written position statement.

.32 Examining county witnesses.

.33 Cross- examining the claimant and the claimant's witnesses.

.34 Responding to any questions from the claimant or Administrative Law Judge concerning the case; and

.35 Having the county case record available at the hearing.

.36 Having the burden of going forward in the hearing to support its determination.

.37 Having authority at the hearing to make binding agreements and stipulations on behalf of the

CWD.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

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STATE HEARING AND REQUEST FOR REVIEW

22-074 STATE HEARING - GENERAL Regulations

22-074 PRELIMINARY HEARING PROCEDURE 22-074

Repealed by Manual Letter No. CFC-07-01, effective 1/24/07.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

22-075 DISMISSAL OF A PRELIMINARY HEARING 22-075

Repealed by Manual Letter No. CFC-07-01, effective 1/24/07.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

22-076 PROCEDURE AFTER THE PRELIMINARY HEARING 22-076

Repealed by Manual Letter No. CFC-07-01, effective 1/24/07.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

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STATE HEARING AND REQUEST FOR REVIEW

22-077 HEARING NOT HELD IN COUNTY RESPONSIBLE FOR AID 22-077

.1 If the hearing is to be held in a county other than the responsible county, the responsible county shall comply with one of the following procedures:

.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.

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STATE HEARING AND REQUEST FOR REVIEW

22-077 HEARING NOT HELD IN COUNTY RESPONSIBLE FOR AID 22-077

.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.

.2 The responsible county shall be authorized to participate in the hearing by telephone. The responsible county shall still send the position statement to the hearing location as required by Section 22-077.12 or

.13 above.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.

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STATE HEARING AND REQUEST FOR REVIEW

22-078 COMPLIANCE WITH STATE HEARING DECISIONS 22-078

.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.

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STATE HEARING AND REQUEST FOR REVIEW

22-078 COMPLIANCE WITH STATE HEARING DECISIONS 22-078

.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).

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.51 See Section 22-009 for the time limit on requesting a hearing.

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.52 The time limitations for requesting a state hearing shall not be suspended during the period the

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.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553, 10554, 10605, and 10961, Welfare and Institutions Code.

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STATE HEARING AND REQUEST FOR REVIEW

22-085 AUTHORIZED REPRESENTATIVE 22-085

.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.

HANDBOOK BEGINS HERE

.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.

HANDBOOK ENDS HERE

.2 If the claimant has not authorized the representative in writing and is not present at the hearing, the person may be recognized as the authorized representative as follows:

.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.

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STATE HEARING AND REQUEST FOR REVIEW

Regulations STATE HEARING - GENERAL 22-085

22-085 AUTHORIZED REPRESENTATIVE 22-085

.22 If the person is not an attorney, and he/she swears, affirms or states under penalty of perjury that the claimant is mentally competent and has authorized him/her to act as the claimant 's authorized representative, and the Administrative Law Judge determines the person is so authorized, the non-attorney may represent the claimant at the hearing, subject to the following:

.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.

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