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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)
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