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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)
A claimant or an authorized representative may request a fair hearing verbally or in writing. Where a Recipient requests a hearing to challenge a Discontinuance, the Recipient shall make the hearing request within three business days of the effective date of the Discontinuance. Where an Applicant or Recipient requests a hearing to challenge any agency action other than a Discontinuance, including but not limited to Decreases and Denials, the Applicant/Recipient shall make the hearing request within ten calendar days of the effective date of the agency action. If no written request for a hearing is either delivered to the Department or postmarked within that period and no verbal request is made within that period, no hearing shall be granted except in cases of verified hospitalization, verified illness, verified incarceration, verified disability, or other good cause satisfactorily shown to the Executive Director.
(As Sec. 20.60.2, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-47 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
If a Recipient or an authorized representative makes a timely request for a hearing, aid shall be continued pending the Applicant’s receipt of the hearing decision. A decision shall be deemed to have been received by the Recipient when either it is hand-delivered to the Recipient or three days after the decision has been mailed to the Recipient.
(As Sec. 20.60.3, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-48 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
(a) After a hearing has been requested, a time and place for the hearing shall be established. Timely notice shall be given to the Applicant or Recipient indicating the day, date, time, and place of the hearing. In no event shall a hearing date be scheduled for a time less than five days after the Department’s receipt of a request, unless the Applicant makes a knowing and intelligent waiver of his or her right to a record review.
(b) Where an Applicant for assistance under this Article VII is denied aid, a hearing shall be calendared within seven days.
(c) All hearings shall be held within 15 calendar days of the request therefor.
(As Sec. 20.60.4, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-49 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
The Executive Director shall designate as an impartial hearing officer a person who is not involved in the administration of the County Adult Assistance Programs.
(As Sec. 20.60.5, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-50 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
The Applicant or Recipient shall be advised in the Notice of Proposed Action of Applicant’s or Recipient’s rights to counsel or other representative, to review pertinent records and regulations at least five working days prior to the hearing, to present testimony and documentary evidence, to cross-examine all witnesses, to have the proceedings tape-recorded, and to have a translator provided for the hearing if the Applicant or Recipient is not proficient in English.
(As Sec. 20.60.6, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-51 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
The hearing shall be conducted in an impartial and informal manner. All evidence shall be submitted under oath or affirmation. The hearing officer is not bound by the rules of evidence or procedures applicable to judicial proceedings. The Applicant/Recipient shall attend the hearing in person and may be represented by counsel or a representative. While the Applicant/Recipient may or may not be represented by counsel or a representative, the Applicant/Recipient must appear in order for the hearing to be held. However, where the Applicant/Recipient establishes good cause for nonattendance prior to the hearing, counsel or a representative may appear on behalf of the Applicant/Recipient.
(As Sec. 20.60.7, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-52 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
The hearing officer shall:
(a) Render a written decision within seven calendar days of the hearing indicating factual findings and grounds for the decision. Such decision shall be based solely upon evidence presented at the hearing and specifically state the facts upon which it was based, the authority relied upon, and any other reasons for the decision.
(b) Render the decision to the Applicant or Recipient, where possible, immediately upon conclusion of the hearing and furnishing him or her a copy at that time. The decision must set forth with reasonable particularity the basis for the decision.
(c) Mail the decision to the Applicant or Recipient if an immediate decision cannot be rendered.
(As Sec. 20.60.8, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-53 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
(a) The result of all hearings are considered final and there is no further right of administrative appeal.
(b) When the Applicant/Recipient does not appear for the scheduled hearing, it is presumed that the Applicant/Recipient ceases to contest the decision and the county’s proposed action will go into effect. The Applicant or Recipient may, for good cause shown, make a written request, or oral request as specified in the Executive Director’s Regulations, for a second hearing within 15 days of the scheduled date for the first hearing.
Such request must specify the good cause for nonattendance at the first hearing. This provision is satisfied by evidence of any of the following: (1) Verified hospitalization; (2) verified illness; (3) verified incarceration; or (4) verified disability, or other good cause satisfactorily shown to the Executive Director.
(As Sec. 20.60.9, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-54 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
(Added by Ord. 152-98, App. 5/8/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
(Added by Ord. 152-98, App. 5/8/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)
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