State Hearing - Fair Hearings
From CalWORKs | Welfare Resources
Contents |
State Hearings on Application Denials, Benefits Terminations or Other Actions
When the County plans to deny benefits, impose sanctions or collect an overpayment, or discontinue a family from CalWORKs, it must inform the family in writing. If the county is taking some action such as a cutoff of aid or imposing a sanction, the family must be notified of the action at least ten days prior to its taking effect. WIC § 10952. If the client feels the county's action is unfair, the client should request a State Hearing by filling out the back of the county's "Notice of Action" (NOA) and submitting the hearing request to the county welfare department. The client may also request a hearing by calling (800) 952-5253. A hearing can be requested even without a written denial.
The client has 90 days from the date of the Notice of Action or the date s/he "knew or should have known" of the wrongful action/inaction by the county to request a hearing before an administrative law judge. WIC §§ 10951, 10953. If the family is already receiving CalWORKs, it should request the hearing before the effective date on the Notice of Action in order to continue to receive benefits ("aid paid pending") until a decision is reached by the hearing officer. MPP 22-053.112. If it loses at the hearing, the family will have to pay the Aid Paid Pending it received. The hearing can be postponed for good cause. WIC § 10957.
A person appealing a county action is entitled to a pre-termination hearing (if already receiving benefits), to be represented by someone the appellant chooses, to cross-examine witnesses, and to a decision which explains the bases for its conclusions. Goldberg v. Kelly, 397 U.S. 254 (1970). The appellant may also review the county's documents before the hearing, subpoena witnesses or documents, and obtain an interpreter. WIC §§ 10850.2, 10954, MPP 20-049.6. MPP Title 22 and WIC §§ 10950 through 10967 contain additional regulations governing State Hearings.
If dissatisfied with a hearing decision, the family can request a rehearing within 30 days of receipt of the decision. WIC § 10960. A rehearing will generally not be granted unless an error of law is evident. Whether or not a rehearing has been requested, a dissatisfied family can appeal the hearing decision (or the rehearing decision) to the Superior Court. This lawsuit, called a "petition for writ of administrative mandate," must be filed within one year of the date of the hearing decision (not the rehearing decision). WIC § 10962; Code of Civil Procedure § 1094.5. If successful, the family is entitled to recover attorney fees.
Continuation of Child Care During State Hearings on Child-Care Related Issues
CalWORKs Stage One child care services may continue following a request for a hearing to appeal a suspension, reduction, or termination of child care. A recipient who is employed or who is participating in welfare-to-work activities must be provided paid child care during the hearing process at the rate and frequency approved prior to issuance of the Notice of Action (NOA) prompting the request for a hearing (regardless of whether the NOA states a lower rate of child care services). However, if the recipient is not employed, not participating in a previously approved welfare-to-work activity, or the hearing concerns the health and safety of the child, then child care services pending a hearing will not be provided. Furthermore, the county is responsible for documenting a recipient's eligibility or ineligibility for child care services. MPP 42-407.32; ACL 99-47.
