A dvocating for our Students: Administrative Advocacy and Fair Hearings Jodie Berger Legal Services of Northern California Vickie Hay Orange Coast College CalWORKs Association Statewide Training Institute March 14, 2011

What We Are Covering When to file for a Fair Hearing What to expect What is an AR? Preparation Hearing List of Legal Services Agencies 2

What Kinds of Issues can be Challenged? Any adverse action by county Reduction or termination of cash aid Sanction Denial of supportive services, i.e. childcare, transportation, ancillary – textbooks, uniforms, etc. Disagreement w/ assessment or WTW Plan Failure to Act (not adding new household member) Etc. 3

How to Challenge County Action What can a student do when she disagrees with the county worker? Request a Third Party Assessment (not covered in this presentation) Go up the chain of command at the county welfare department Request a state Fair Hearing 4

Taking Complaint Up the Chain of Command Chain of command at county welfare department (CWD) Case Manager/case worker Supervisor Deputy director of the district office Director of district office Chief of CW division Director of CWD 5

Preparing to Advocate with County When calling Have handy student’s name, case number, brief description of issue, and your phone number Use the student guide to reference relevant citations to the law Obtain the name of person you talk to Take notes of the conversation 6

Watch Your Deadlines If you don’t get the answer wanted (as provided by law), call the next person on the chain of command Don’t spend more than a day or two to go up the chain of command Due to deadline to request a fair hearing Can simultaneously request a TPA and/or a Fair Hearing 7

Requesting a Fair Hearing To challenge any adverse action (or inaction) by county See slide 5 Deadlines to request a fair hearing 90 days from the date of the notice of action (NOA) More time for good cause 10 days from the date of the NOA in order to get aid paid pending the outcome Verbal or written request (written is better) If agreed, have student name the Authorized Representative Use NA Back 9 form (appendix B-6) Keep a copy Ask for interpreter, if needed/desired 8

What is an Authorized Representative? (AR) Someone designated to speak for student A lawyer, paralegal, friend, relative, college staff Better to designate AR in writing Can use Authorized Representative form (DPA 19) Student doesn’t have to have an AR and can speak for herself 9

What Happens After the Request? State hearing office will send a notice of time, date, and place of hearing at least 10 days before hearing date Hearing date about 30 days from request date County appeals worker may contact student Should contact AR if there is one Student doesn’t have to talk to the appeals worker or accept any offer (unless good ones) But maybe helpful to clarify issues Be careful of what to say because appeals worker can bring up at hearing 10

Settlements (Conditional Withdrawals) Conditional withdrawal of hearing A settlement of the issues Make certain that all issues are covered in the agreement Otherwise considered dropped Don’t agree to withdraw if county will only “re- evaluate” or “reconsider” County must act per agreement w/in 30 days Student can request a hearing if disagrees w/ county’s action or if county doesn’t comply with agreement 11

What to Do Before the Hearing? Interview and prepare student Outline arguments Use the student guide to find out the law Can submit a written “position statement” (with citations to the law if possible) at hearing Gather documents and witnesses needed to support argument to submit at hearing County must make available its position statement explaining its argument 2 days before hearing Get a copy – avoid surprises! Call your local Legal Aid Office 12

What Happens at the Hearing? Judge will explain hearing process Testimony under oath County will go first Student or Authorized Representative presents her arguments, testimony, documents, and witnesses If judge’s question isn’t clear, request clarification Hearing is taped – “on record” Hearing decision within 90 days of hearing request 13

Legal Services To locate legal aid services that may be able to assist: Click on Referral Directory in blue band at top Go to “by County” tab Look for the program that has the county or regional name in it. 14

Resources Western Center on Law & Poverty Antoinette Dozier, Community College Listserv Monitored by LSNC and WLCP To access state ACLs or ACINs cited in the student guide To access state regulations (MPPs) 15