CalWORKs
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Hearing Procedures |
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001-1 All the regulations cited refer to the Manual of Policies and Procedures (MPP), unless otherwise noted
001-1A W&IC is the abbreviation for the Welfare & Institutions Code
001-1B Reference to AFDC is reference to CalWORKs program (W&IC 10063(b))
001-1C Authority to issue ACLs and other directives to implement AB No. 1542 (AB 1542 §185)
001-1D Chapter 2 (11 200-11526) of W&IC contains CalWORKs Program, which is acceptable cite for formal name of program (W&IC 11200)
001-2 Aid pending to be paid if hearing is requested prior to effective date of action (22-072.5)
001-3 Issues at hearing limited to those reasonably related to request, or those which county and claimant agree to discuss (22-049.5)
001-5 Hearing decisions must be issued in 90 days unless claimant executes waiver (22-060.1)
001-6 Official Notice (22-050.41-.44)
001-7 State hearing decision only applicable to circumstances and issues existing at the time of the county action in dispute or otherwise agreed to by the parties (22-062.4)
001-8 Department receives proposed decision when certified for review (22-061)
001-9 Authority of Director on receipt of proposed decision (22-062.1)
001-10 Decision deemed adopted if Director does not act in 30 days (22-062.2)
001-11 State hearing decision can only be appealed through rehearing or judicial review (W&IC 10960 and 10962)
001-11A Thirty days to request rehearing (22-065.1)
001-12 No further administrative appeal after rehearing; right to rehearing on rehearing if merits not decided in initial rehearing (22-065.6 revised 1/24/07)
001-12A No rehearing right on hearing request dismissed without hearing (22-065.62)
001-13 Before rehearing is granted, it may be withdrawn; but once granted, requesting party can only withdraw with permission of the Chief Judge, or a judge at hearing (22-065.8, .9)
001-14 Parties must be prepared on substantive issues unless hearing is limited to jurisdictional issue (22-049.53)
001-14A Explanation of bifurcation process to limit issue to jurisdiction (22-049.531)
002-1 Statutory authority for postponements due to inadequate notice (W&IC 10967)
002-2 Regulatory provisions when adequate and/or language-compliant notice raised at hearing (22-049.52, 22-072.1; 22-901)
003-1 Definition of “public social services” (W&IC 10051)
003-5 Hearing request shall be dismissed if sole issue is not within jurisdiction of state hearing (22-054.31)
003-7 “Aid” includes all PA programs subject to a state hearing (22-001(a)(3)(A))
003-7A Aid is cash benefits and Medi-Cal (40-103.3)
003-8 PA does not include FS, Child Welfare Services, or AAC (W&IC 10061)
003-9 “County action” requires adequate notice, and includes any action or inaction relating to application or receipt of aid (22-001(c)(5))
003-10 Jurisdiction of state hearings (22-003.1)
003-11 Definition of “claimant”; TCC program repealed 1/1/98 (22-001(c)(2))
003-11B No right to hearing concerning placement or removal of foster child (22-001c.(2)(B)(1))
003-12 Dismissal when “claimant” lacks standing (22-054.35)
003-13 Dismissal when no valid AR (22-054.36)
003-13A Requirements for establishing valid authorized representative including for incompetent claimant (22-085.1, .11, .12, .221, .222, .23, and .24)
003-13B County must send notices and correspondence to claimant and authorized representative in state hearing process (22-085.4)
003-14 Representative of estate or heir may file hearing request on behalf of deceased applicant (W&IC 10965)
003-15 Representative of estate or heir may represent claimant who filed request and then died (22-004.4 and .5)
003-16 Discourteous treatment by county employees is not a state hearing issue (22-003.13)
003-17 Child custody and child welfare service issues are not state hearing issues when child is under juvenile court jurisdiction (22-003.14)
004-1 Statute of limitations, general; includes language-compliant effective January 24, 2007 (22-009.1, 22-901)
004-1A Period of review extends back to first day of month of 90-day review period (22-009.2)
004-1B Knew or should have known test does not start running of the statute of limitations (Morales v. McMahon)
004-1C NOA required when domestic violence waiver is granted or denied; no time limit to request domestic abuse waiver (ACIN I-02-06)
004-1D Language-compliant notice defined (22-001(l)(1))
004-1E Ninety day period to file hearing may be extended for good cause, but filing must be within 180 days (W&IC 10951)
004-2 General definition of “adequate notice”; when required (22-071.1, 22-001(a))
004-2A Requirements for notice to be adequate (ACIN I-151-82)
004-2B Verbal explanation is not a substitute for adequate written notice (ACIN I-151-82)
004-3 Adequate notice must be furnished when the county takes action pursuant to a conditional withdrawal (22-071.14)
004-4 Actions on which timely and adequate notice required. Notice must be issued 10 days in advance of proposed action (22-072.1)
004-4A Two NOAs required if applicant fails to cooperate in providing information, complying with SFIS (ACL 00-32)
004-5 Method for determining filing date (22-001(f)(1))
004-6 Extension of filing period when last day falls on Sunday or holiday (22-002.1, 22-001h.(1); Gov. Code 6700-6716)
004-7 Holidays include days which government offices are closed (CCP 12b)
004-8 Form of hearing request (22-004.2)
004-9 Conditional withdrawal procedure (22-054.211(b)(3))
004-10 Request for hearing is dismissed if beyond time limit (22-054.32)
004-11 Time limits for Director's action on rehearing request (22-065.3)
004-12 “Timely notice” is written notice mailed ten days prior to effective date of action (22-001(t)(1), 22-072.4)
004-12A Timely notice not required for removal of CalWORKs child into foster care (22-072.2(f))
004-13 Required language for overpayment and overissuance notices (Anderson v. McMahon; ACL 90-14)
005-2 Dismissal when issue has been subject of previous hearing (22-054.34)
006-1 “Compliance issue” defined (22-001(c)(3));”Compliance related issue” is one resolved in favor of claimant but county must make further determination (22-001(c)(4))
006-2 Compliance issue timeliness (22-078.5, 22-078.31)
006-3 County has duty to comply with state hearing decision immediately upon receipt of such decision even if rehearing is requested (22-078.1)
006-4 Dismissal, “compliance” issue (22-054.37, 22-001(c)(3))
007-1 Old Rule: Hearing is to be dismissed if it is abandoned (22-054.22)
007-1A New Rule: Hearing is dismissed if it is abandoned; new hearing scheduled and dismissal decision set aside if good cause established for abandonment (22-054.22 effective 1/24/07)
007-2 Good cause for postponements (22-053.113, 22-901)
008-1 Hearing is to be dismissed if withdrawn; withdrawal must be in writing (22-054.21)
008-2 Hearing request shall be dismissed if the claimant or AR is unwilling to present case (22-054.33)
008-3 County's authority to modify grant while claimant receiving aid pending (22-072.9)
009-1 Equitable estoppel (Canfield v. Prod, City of Long Beach v. Mansell)
009-1A Analysis of equitable estoppel as to each of five sequential requirements; explanation of county's “knew or should have known” test as to element one; example of balancing individual and governmental interests (Canfield v. Prod)
009-2 Equitable estoppel can be applied in state hearings (Lentz v. McMahon)
009-3 Court says in dicta that equitable estoppel cannot contravene statutory or constitutional limitations (Longshore v. County of Ventura)
009-4 That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom performance is due (Civil Code 3529)
009-5 Lost FS benefits a measure of injury for equitable purposes which may reduce the CalWORKs overpayment (ACIN I-60-96)
009-6 CDSS agrees to rescind parts of Notes from the Training Bureau dealing with authority of ALJs to write final decisions when they adhere to policy regarding hardship set forth in Notes (Rush v. Saenz)
009-7 Factors to consider in equitable estoppel balancing (City of Imperial Beach v. Algert; Lee v. Bd. of Administration)
009-8 Analysis by courts of application of equitable estoppel against public agencies (Crumpler v. Bd. of Administration Emp. Retire. Sys.; City of Long Beach v. Mansell)
009-9 Discussion of doctrine of laches (Lam v. Bureau of Security and Investigation Services)
009-10 Estoppel cannot expand a public agency's powers (Fleice v. Chualar Union Elementary)
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010-1 Joint responsibility for gathering evidence; county duty to help (40-157.21)
010-2 Duty to complete investigation when evidence is conflicting (40-157.14)
010-3 Recipient's sworn statement sufficient (40-115.22)
010-4 County is to refer applicants and recipients for UIB; county to deny or discontinue if there is failure to apply for or accept UIB or if there is failure to meet eligibility conditions without good cause (82-610.1 and 82-612)
010-4A Aid discontinued when AU member fails to apply for or accept available UIB (82-612.1, .6)
010-4B Under MR/RB, aid discontinued last day of month for failure to apply for or accept UIB (82-612.3). Under QR/PB aid discontinued at end of payment quarter (82.612.3 effective July 1, 2004)
010-4C Situations when a person is not “apparently eligible” for UIB (82-612.6)
010-5 County representative's duty to determine the issues prior to the hearing (22-073.2)
010-6 General duty of county representative (22-073.13)
010-7 Duty of county to prepare position statement (22-073.25)
010-7A Parties must be prepared on substantive issues unless hearing is limited to jurisdictional issue (22-049.53)
010-8A Authorizing a representative; communications with the AR (22-085)
010-9 County representative has authority to make binding stipulations at the hearing (22-073.37)
010-10 County has burden of going forward (22-073.36)
010-11 Applicants must be informed of lump sum diversion (40-115.213)
010-12 County duty to have regulations, ACLs, W&IC, other public share of costial service laws, in waiting or reception room in each central or district county office (Handbook 17-017)
010-13 Record retention requirements in PA cases
(ACL 05-15;
23-353)
011-1 County responsibility to be courteous and respectful (40-101.12)
012-1 Information relating to eligibility provided solely by applicant/recipient is open to that individual's inspection (19-005.1)
012-2 Case files, except for privileged communications, are open to inspection by claimant or AR (19-005.4 and 19-006)
012-3 Case record open to inspection by claimant or AR in conjunction with state hearing (W&IC 10850.2)
013-1 Counties are not to discriminate in administering aid programs; complaints of discrimination are to be referred to Civil Rights Bureau (21-109.1 and 21-203.11)
013-2 Duty of county to provide notices in language other than English (21-115.2; ACL 92-90, 00-03)
013-2A Duty to provide notice in primary language when five percent of welfare population lives in the particular county (Asociation Mixta Progresista)
013-2B County responsibilities in providing language services (ACL 03-56)
013-2C Counties must provide forms and written materials in individual’s primary language; primary language defined (ACIN I-09-06)
013-2D Counties must document that interpretive services were provided and/or offered at each client contact (ACIN I-02-08)
013-3 Cases involving discrimination issues are to be remanded to the county for preparation of a report (22-062.5)
013-4 Authority of SIU; rules pertaining to conduct of SIU investigations (20-007.3)
013-5 Requirement under Civil Rights laws to be nondiscriminating and provide equal access to people with disabilities, under Title II of ADA and California FEHA (ACL 01-42)
013-6 Language-compliant notice defined (22-001(l)(1))
013-6A Statute of limitations, general; includes language-compliant effective January 24, 2007 (22-009.1; 22-901)
014-1 General duty to assist in application process (40-107.1)
014-2 General complaint procedure (22-109.1)
014-3 Alien applicants must have documentation requirements explained in language in which they are fluent (42-435)
014-4 Applicants must be informed of diversion before aid is approved (W&IC 11265(a); 82-215.2)
014-5 Program duty: to inform applicants and recipients of duty to report accurately and promptly, to take prompt action on information, and to provide follow-up help through more contact when recipient has difficulty reporting (20-005.311-.313)
014-6 Duty of county to inform persons fingerprinted or photographed that image will be used solely to prevent or prosecute welfare fraud (40-105.3)
014-7 County duty to put its discretionary standards in writing (21-115; Handbook 11-501.3; ACL 00-08, 02-03)
014-7A Legally required written county policies and procedures makes interested parties aware of program rules, promote uniform and equitable treatment, assist in demonstrating county actions are not arbitrary and capricious, and can support county actions in State hearings (ACL 00-08)
014-8 Income maintenance responsibility to make and record eligibility and grant determinations for PA cases, and for MN SHARE OF COST cases (MPP 11-501.1, .2)
014-9 Counties must ensure that CalWORKs applicants who are denied work benefits and CalWORKs recipients who are discontinued from that aid program receive the Medi-Cal and FS benefits to which they are eligible (ACIN I-32-01)
015-1 General responsibility of recipient to cooperate (40-105.1)
015-1A Applicant responsibility to report changes in five days, recipients in ten days (40-105.13, .14)
015-1B County responsibility to ensure correct payment, assist recipient (40-181.1(a))
015-1C Under QR/PB, eligibility regarding deprivation, AU composition, property and transfers determined only once per quarter on the QR 7 (40-181.1(a)(1))
015-2 County may deny if refusal to cooperate (40-157.3)
015-2A During application process, county can require evidence only if necessary to determine past or present eligibility (40-126.31)
015-2B During application process, county must provide written notice to applicant of necessary evidence, and pay to obtain evidence if necessary (40-126.32, .332)
015-2C County must document failure of applicant to make good faith effort to obtain evidence, and cannot deny if claimant is cooperating (40-126.334, .34)
015-2D Applicant who fails to cooperate may be eligible if necessary evidence received within 30 days of denial NOA (40-126.342, .343)
015-2E Denial for refusal to cooperate must be based on oral or written active refusal (40-126.344)
015-2F CalWORKs application and interview requirements (ACIN I-15-03)
015-3 Documents or evidence must be received on or before appropriate deadline set by county; extension of deadline if it falls on nonbusiness day (40-181.1(k))