1. State Welfare Hearings
CCWRO.ORG
1901 Alhambra Blvd., Sacramento, CA
• Tel: • Cell: •
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2. State Hearings Authorities
Goldberg v. Kelly
397 U.S., 254
Yee-Litt v. Richardson
353 F.Supp. 996
Morales v. McMahon
223 Cal.App.3d, 184

3. Laws & Regulations
Federal
State

4. State Actors
John Wagner
Robert Garcia
Manuel Romero

5. County Actors County Appeals Unit County Appeals Supervisor
County Appeals Representatives

6. Asking For a State Hearing
When to ask for a State Hearing (SH)
Who can ask for a SH
Timelines for asking for a SH
Timelines for asking when APP applies

7. Reasons For Requesting a SH
What issues are covered in SH
What issued are not covered- ADA, worker treatment, etc.

8. How to File for a SH
Fax the request to or

9. What to Put on the Request
“The County action is wrong”

10. http://www.ccwro.org/index.php?option=com_docman&Itemi d=172
Aid Paid Pending Cases
Yee-Litt v. Richardson
Blankenship v. Saenz
d=172

11. Aid Paid Pending Filing a request before the effective date of the NOA
APP is due within five (5) working days
MPP§
APP Appeals to DSS

12. County Position Statement
History
What does the Position Statement include:
Facts
The law
Documents
Available 2 working days before the hearing (Welfare and Institutions Code§ )

13. Case File Availability
Case file available prior and during SH – MPP§
No case file, claimant should prevail

14. Negotiating with the CWD
Know your case
Talk to the CWD before the hearing, get all the information you can
County Appeals Worker can resolve the case
You can always lose an easy case with a bad ALJ
Use stipulated decisions

15. Interview the Client and Spotting Issues
Get maximum information
Ask about past hearing
Explore potential for underpayment to off set overpayments
Review the case file
Sometimes the CWD resolves the case

16. Adequate NOA What is an adequate NOA – MPP§22-071 Language issues
Must be in the claimants primary language – See MPP§ (l)(1)
Notice at Issue –
Great Resource for what is an adequate NOA - ACIN

17. Burden of proof is on the county-MPP§22- 073.36
Burden of proof is on claimant who is an applicant or is seeking approval of benefits, e.g. child care, transportation

18. Hearsay Evidence Hearsay can only be used to support direct evidence
Always object to hearsay evidence
See
-Legal-Principles-Legal-Principles.htm

19. Subpoena & Subpoena Duces Tecum
Make a written request after you get the date of the hearing
If CWD presents new evidence at the hearing you can ask for a Subpoena and Subpoena duces tecum
MPP

20. Witness Mileage
DSS will pay for mileage if the witness was served with subpoena
MPP§

21. What Happens At the Hearing
Hearing is tape recorded
ALJ explains the hearing process
CWD and claimant and witnesses take the oath
Who can come to the hearing
County goes first
Claimant can cross examine the county
Claimant presents case
CWD can cross examine the claimant
Leaving the record open

22. Authorized Representative Position Statement
Position Statement should contain:
Issue of the hearing
Background facts
Argument with legal citations
Attachments in support of position

23. Interpreters State provides interpreters
You must identify the language when asking for the hearing
ALJ is suppose to examine the interpreter

24. Framing the Issue For APP purposes To win the hearing – e.g.,
sanctioned for not going to good cause determination appointment

25. Postponements & Continuances
Adequacy of NOA
First postponement requires no verification
Second time must have doctor verification
Position Statement not available timely
Time Waivers - King and Ball

26. How to Get a Postponement
Call
Fax a request to or

27. Conditional Withdrawals
You can reopen the case if the county has fails to comply
Never withdraw the case
MPP§ (b)(3)

28. No Shows
If the claimant does not appear at the hearing but asks to reopen the hearing with good cause within 10 days, then APP will be restored
A rehearing is routinely granted for hearing dismissed.

29. Disqualification of an ALJ
The ALJ must disqualify themselves
It Rarely happens

30. Hearing Decision timelines
Food Stamp issues-60 days
All other issues-90 days

31. Hearing Decision Statement of facts Statutes and regulations
Reasons for the decision

32. Hearing Record
You can request a copy of the hearing tapes - It is free
If you file for judicial review you must request a transcript

33. Rehearing AB 921- Chapter 502 statutes of 2007
bin/postquery?bill_number=ab_921&sess=C UR&house=B&author=krekorian
30 days to ask for a rehearing
Generally counties get rehearing and claimants do not except for no shows.

34. http://www.ccwro.org/index.php?option=com_docman&Itemid =173
Expedited Hearings
History
Who may ask for an ESH using a CCWRO ESH form
emid=173
How to ask for the hearing
What issues are covered by ESH
Hearing to be held within 5 days
Decision in 10 days
=173

35. Judicial Review
CCP §1094.5
Welf. & Inst. Code § 10960

36. CCWRO Assistance Available
Consultation and Assistance with Hearings
Consultation and Assistance with Administrative Writs

37. End