A. Hearings

 

Regulation

CPG 10-030

State regulations require that when an applicant/recipient believes that any program requirement or assignment is in violation of, or inconsistent with, state law and regulations governing eligibility and the Welfare to Work (WtoW) program, the County shall inform him/her of the right either to request a state hearing or to file a formal grievance.

 

Complaint

Whenever possible, complaints are to be handled at the level closest to the Human Services Specialist (HSS)/Employment Case Manager (ECM). When disputes cannot be resolved on an informal basis by the HSS/ECM supervisor or Family Resource Center (FRC)/Employment Administration, applicants/recipients will be informed of their right to a State Hearing.

 

HSS/ECM General Responsibility

HSS/ECM have the following general responsibility:

 

Step

Action

1

HSS/ECM must inform applicants/recipients of their right to a hearing at intake and at redetermination. In addition, applicants/recipients must be reminded of their hearing rights anytime they express dissatisfaction with a County action.

2

HSS/ECM must assist any applicant/recipient who requires help in filing a hearing request.

3

Once the appeal process started, it is important that HSS/ECM remain in communication with the Appeals Section regarding any further case actions concerning the issue(s) under appeal.

4

When an applicant/recipient designates someone to represent them at the hearing, HSS/ECM must only address the issues under appeal with the authorized representative. Issues not subject to the appeal should be addressed directly with the client.

5

HSS/ECM must cooperate with the Appeals Section in providing case records and/or requested documentation in a timely manner, assuring that a pencil folder is kept for their own records.

6

HSS/ECM are not authorized to accept requests for hearings. Written requests received in the mail by HSS/ECM must be date stamped and forwarded immediately to the Appeals Section and a narrative entry made in CalWIN Case Comments documenting this action is required.