10-030.E Conditional Withdrawal (CWD)/Out-Of-Hearing

Resolution (OHR)

 

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The Conditional Withdrawal (CWD)/Out-of-Hearing Resolution (OHR) section includes the following information:

 

Topic

Conditional Withdrawal (CWD)

Out-of-Hearing Resolution (OHR)

FRC/ Employment Site Agrees With OHR

FRC/ Employment Site Disagrees With OHR

Abandonment of the Claim

 

Conditional Withdrawal (CWD)

 

 

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An applicant/recipient may choose to withdraw his/her request for a State Hearing pending mutually agreed upon resolution of identified case action(s) (aka: hearing issue(s)). The conditions of the withdrawal must specify the action(s) to be taken by the County and/or client. The Appeals Representative prepares the conditional withdrawal for the client to sign.

Out-of-Hearing Resolution (OHR)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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The OHR is the instructions to the case worker outlining the actions to be taken to comply with the CWD. County Appeals Representatives may discuss possible solutions with the Human Services Specialist/Employment Case Manager (HSS/ECM) supervisor.

 

The Appeals Section will issue an OHR when it determines the County cannot support the action appealed because of an error in procedures and/or a lack of

o  appropriate documentation and/or

o  circumstances the County may not have been aware of or taken into consideration at the time of the negative action.

 

After the conditions of the withdrawal are agreed to by the applicant/recipient or his/her authorized representative, and the Appeals Representative, an OHR must be issued for the case to the Family Resource Center (FRC)/Employment Site office. The OHR will outline:

 

   The issue(s);

   The action required for compliance;

   Why the action cannot be supported at hearing, and;

   The State and County regulations and policy involved.

 

 

FRC/

Employment Site Agrees With OHR
 
 
 
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The HSS/ECM will take an immediate action to comply with the OHR. The HSS/ECM assigned to complete the OHR action will send a copy of the Notice of Action (NOA) and/or any other pertinent documents not in CalWIN or DoReS that support compliance with the resolution action to the Appeals Representative by the deadline indicated on the OHR notice. If the HSS/ECM is unable to comply within the time allowed, the HSS/ECM or the FRC/Employment Site Appeals Liaison must contact the Appeals Representative prior to the due date to request an extension.

 

FRC/

Employment Site Disagrees With OHR
 
 
 
 
 
 
 
 
 
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If the FRC/Employment Site disagrees with the directed action, the following procedures must be followed:

 

Step

Action

1

The FRC/Employment Site will have five work days in which to resolve the disagreement, with day one to begin the work day following the receipt of the OHR notice.

2

The FRC/Employment Site Appeals Liaison will contact the assigned Appeals Program Assistant to discuss and resolve the issue.

3

If agreement cannot be reached, the matter will be referred to the FRC/Employment Site Manager (or Assistant), who will contact the Appeals Coordinator (or Manager) to reach final consensus.

 

Abandonment of the Claim
 
 
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When applicants/recipients fail to appear for the hearing, they are considered to have abandoned their claim. If they contact the FRC or Employment staff to request a reopening of their hearing, they must be referred to the State Hearing Division at 1-800-743-8525 or 1-800-952-5253, and the Appeals Section.