State Fair Hearings: Challenging the County
From CalWORKs | Welfare Resources
Contents |
Your Rights
- When Can I Have a State Hearing?
- For state aid programs (CalWORKs, Food Stamps, etc.) can have a state fair hearing whenever the county does something that affects your benefits or fails to act. This can be denying, cutting, or stopping aid, or not correcting a mistake, adding a new person to the grant, etc.
- CalWORKs recipients also can have a hearing for problems with their welfare-to-work plan or for any violation of the CalWORKs statute.
- You have 90 days to ask for a state hearing.
- G.A. Hearings
- For General Assistance (or General Relief) problems, you can have a county hearing, but not a state hearing. The time to ask for a hearing and have your aid continue is usually shorter than for state aid programs. Ask for your county’s G.A. rules.
- Notices and Aid Until You Have Your Hearing
- The county must send a written notice at least 10 days before an action or change in aid takes place. If you ask for a state hearing before the date of the action or change, you can keep getting aid (called “aid paid pending”) until you get the hearing decision.
- Applicants don’t get aid paid pending since they are not yet on aid. If denied aid, reapply and ask for a hearing to get any back aid.
- If you get “aid paid pending,” but lose your state hearing, you may have an overpayment. Talk to a legal advocate, so you can decide if you want “aid paid pending.”
- For Welfare-to-work sanctions, you should get your childcare continued pending your hearing. You should get some level of support services until your hearing decision. Call Legal Services if you have problems getting support services pending.
No Notice? If the county says it’s going to do something, you can ask for a hearing. You don’t have to wait for the written notice to appeal. You can always cancel your hearing without penalty.
- What Is a State Hearing?
- A state administrative law judge holds the hearing.
- You have the right to see the county’s written statement of their position. You must be able to get this 48 hours before the hearing. If the county doesn’t make it available, you can postpone the hearing.
- You can have a representative (a legal or community advocate, friend, etc.) help at your hearing.
- You can ask questions of the county or any witness.
- If you need help with English, you can get a free interpreter.
- If I Lose?
- If you lose a state fair hearing, you have one year from the date of the decision to file an appeal in Superior Court.
- Administrative Complaints
- If your problem involves civil rights or work conditions you can also file an administrative complaint. This starts an investigation. Call toll-free:
- Civil Rights: (866) 741-6241
- Work issues: (800) 884-1684
Hearing Tips
- Getting a State Hearing
Fill out the back of any Notice of Action or call (800) 952-5253.
- Challenge Each Problem
- The hearing can only be about problems for which you have filed a hearing request. If you appeal any new complaint, you may have to have two hearings. You could also lose your right to have a hearing, if you ask late.
- Ask for a hearing on any new notice with which you disagree, even if you are waiting for a hearing on an earlier problem.
- Keep a copy of your hearing request.
- Calling the Hearing Office
- The state will send a letter confirming you asked for a hearing. It will list your hearing number. (Didn’t get one within a week? Call (800)-952-5253.)
- If you need to ask for an interpreter, postpone the hearing, tell the state a new address, etc. after you have hearing number, call (800) 743-8525.
Need More Help?
For more legal help and information, you can use LawHelpCalifornia to contact a local legal advocate.
