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(a) Lost, forged, or stolen warrants may be replaced only in accordance with specific procedures adopted by the Department.
(b) If a warrant has been cashed and the money lost or stolen, no replacement of the warrant or issuance of orders shall be permitted.
(As Sec. 20.59.8, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-37 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
(Amended by Ord. 212-80, App. 5/16/80; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
The Department shall administer this program fairly to the end that all eligible persons who apply for assistance shall receive aid promptly, with due consideration for the needs of the Applicant/Recipient and the safeguard of public funds.
(a) Any Applicant for, or Recipient or payee of, aid under this Article VII shall be informed as to the provisions of eligibility and his or her responsibility for reporting facts material to a correct determination of eligibility, continuing eligibility and grant.
(b) Any Applicant for, or Recipient or payee of, aid under this Article VII shall be responsible for reporting accurately and completely all facts required of him or her pursuant to subdivision (a) and for reporting promptly any changes of those facts.
(c) Any person who makes full and complete disclosure of those facts as explained to him or her pursuant to subsection (a) is entitled to rely upon the aid granted as being accurate, and the warrant he or she receives as correctly reflecting the grant award except as provided in subsections (d), (e), and (f).
(d) Overpayment due to an Applicant or Recipient’s negligent failure to report facts required by this Article VII or department regulations may be recouped by deducting from the current grant not more than 10% until the overpayment is collected in full.
(e) Overpayment due to false statement or representation or by impersonation or other fraudulent device or by intentional failure to report facts required by this Article VII or Department regulations (“Fraud”) shall be recouped by deducting from current grants not more than 40% with an administrative determination of Recipient Fraud and an administrative evaluation of the Recipient’s current ability to pay housing costs until collected in full, following discovery of overpayment.
(f) Overpayment due to false statement or representation or by impersonation or other fraudulent device or by intentional failure to report facts as required by this Article or department regulations (“Fraud”) shall result in immediate discontinuance of aid subject to fair hearing procedures in Section 20.7-45
of this Article VII
. The case shall be referred to the Special Investigation Unit of the Department. Any aid granted under such circumstances shall be offset against any future aid by deducting from current grants not more than 40% with an administrative determination of Recipient Fraud and an administrative evaluation of the Recipient’s current ability to pay housing costs.
(As Sec. 20.59.10, amended by Ord. 271-81, App. 5/21/81; amended by Proposition V, 11/2/93; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-38 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017; amended by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)
(a) The Department shall conduct a thorough and reliable program of quality control with respect to the administration of assistance under this Article VII.
(b) The quality control program shall include, but not be limited to:
(1) The selection and full field review of a random, representative sample of cases drawn from all active County Adult Assistance Programs cases.
(2) The identification and analysis of administrative errors and discrepancies contained in the sample and the actual and projected fiscal impact thereof.
(3) The development and implementation of measures to correct or alleviate the errors and discrepancies.
(As Sec. 20.59.11, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-39 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
(a) The Department may report quality control findings to the Human Services Commission.
(b) The report may contain, but not be limited to:
(1) The number of cases in the sample by month and year to date.
(2) The number of cases found ineligible, overpaid, or underpaid for the month and year to date.
(3) The actual and projected total fiscal impact resulting from ineligibility and overpayments for the month and year to date.
(4) The corrective actions proposed and the schedule of implementation for corrective actions.
(5) The status of previous corrective actions and any other information requested by the Board of Supervisors.
(As Sec. 20.59.12, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-40 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
The Department shall maintain a case record for every Recipient. The Department shall also maintain a record on those Applicants whose requests for assistance were denied; such record shall include name and address of Applicant and the reason(s) for denials.
(As Sec. 20.59.13, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-41 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
All County Adult Assistance Programs records shall be confidential and shall not be opened to examination or inspection except by the Grand Jury of the County or by a board or an officer of the State or the County charged with the administration, supervision, or direction of the County Adult Assistance Programs, or upon written waiver by the Applicant or Recipient.
(As Sec. 20.59.14, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-42 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
Except as otherwise provided in Section 20.31, all inactive case records that are over three years old may be destroyed. All records pertaining to denial of initial eligibility may be destroyed after five years.
(As Sec. 20.59.15, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-43 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
Whenever any person has, by means of false statement or representation or by impersonation or other fraudulent device, or by intentional failure to report facts required by this Article VII or Department regulations, obtained aid under this Article, the matter shall be referred to the District Attorney’s office for appropriate action.
Further, upon the first discontinuance of aid within a 24-month period due to false statement or representation or by impersonation or other fraudulent device, or by intentional failure to report facts required by the Article or department regulations, an Applicant or Recipient shall be unable to reapply for aid for a period of 30 days.
Upon the second such discontinuance within a 24-month period, the Applicant or Recipient shall be unable to reapply for aid for a period of 60 days.
Upon the third, or additional, such discontinuance within a 24-month period, the Applicant or Recipient shall be unable to reapply for aid for a period of 90 days.
(As Sec. 20.59.16, amended by Ord. 212-80, App. 5/16/80; amended by Proposition V, 11/2/93; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-44 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
An Applicant for or Recipient of assistance under this Article VII dissatisfied with any actions of the Department relating to withholding, decrease, denial, discontinuance, and/or recoupment of overpayment of aid shall be accorded a fair hearing upon filing a timely request with the Department.
(As Sec. 20.60, amended by Ord. 271-81, App. 5/21/81; redesignated as Sec. 20.7-45 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
The Department shall issue a Notice of Proposed Action whenever it intends to withhold, decrease, or impose denial, discontinuance, and/or recoupment of overpayment of aid. In all cases, except where an initial denial is involved, this notice shall be hand delivered or mailed at least 10 calendar days prior to the proposed action.
In those cases where an expedited hearing is provided for, notice shall be delivered or mailed at least five calendar days prior to the proposed action. Such notice shall include all alleged acts in the record known to the Department at the time upon which such action can be based under Department regulations. The notice shall describe with reasonable particularity the act or acts which form the basis for the proposed action.
(As Sec. 20.60.1, amended by Ord. 271-81, App. 5/21/81; redesignated as Sec. 20.7-46 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
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