HomeMy WebLinkAbout06-108Resolution No.
RESOLUTION ADOPTING STANDARD OF AID FOR
GENERAL ASSISTANCE
WHEREAS, pursuant to section 17000 et seq. of the Welfare and Institutions Code, the County
of Butte is obligated to relieve and support all incompetent, poor, indigent persons and those incapacitated
by age, disease, or accident, lawful resident herein, who are not otherwise supported by relatives or
friends or by their own means; and,
WHEREAS, the Conunission on State Mandates made a finding on June 10, 2005 of significant
financial distress for the County which permitted the County to establish a reduced standard of aid, which
expires August 31, 2006; and,
WHEREAS, the County of Butte must establish the standard of aid as permitted by section
17000.5 and 17001.5 of the Welfare and Institutions Code as adjusted heretofore by increases and
decreases in the maximum aid level in the Ca1WORKs program from 1991 to present; and,
WHEREAS, the County of Butte is obligated to develop and adopt General Assistance
regulations pursuant to section 17000 et seq. of the Welfare and Institutions Code.
NOW, THEREFORE, it is hereby resolved as follows:
That effective September 1, 2006, the County of Butte hereby adopts the standard of aid
and care established under section 17000.5 et seq. of the Welfare and Institutions Code.
2. That effective September 1, 2006, the County of Butte hereby adopts the attached
General Assistance manual in support of the General Assistance Program.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 25'~ day of July 2006
by the following vote:
AYES: Supervisors Connelly, Dolan, Houx, Yamaguchi and. Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None
J SSEN, Chair
Butte unty Board of Supervisors
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
r'
Deputy
Attachment A
VL GENERAL ASS.ISTAN~E GRANT LEVELS
A. The arant levels for carious assistance units appear in the following chart.
MAXIMUM GRANT AMOUNT
~ . Single adult applicants and recipients who lire with one or more unrelated
persons or one or more persons not legally responsible for the individual
shall have their grant as established by Article I1, Section A, reduced by
the percentages set forth below:
a. Fifteen percent if the applicant or recipient shares housing with one
other person;
b. Twenty percent if the applicant or recipient shares housing with two
other persons;
c. Twenty fire percent if the applicant or recipient shares housing with
three or more other persons.
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Attachment A ~ '
d. For a married couple where only one of the spouses is applying, the
grant amount would be'/z couple rate {$187).
2. Persons shall be eligible to General Assistance in accordance with
Welfare and Institutions Code section ~ 7000.
3. Boarding Home Care (non-medical facility) shall not exceed the following
allowance:
Grant Level $298.00
Care and Supervision ~ 55.00
TOTAL $453.00
Fage2 of 2
Attachment B
J u f y 25, 2006
GENERAL ASSISTANCE ELIGIBILITY MANUAL LETTER 06-0~
To: All Holders of the General Assistance Manual
The purpose of this letter is to transmit a complete new edition of the GA
Manual approved by the Butte County Board of Supervisors on July 18,
2006. Please discard the old manual to avoid any confusion in the future.
Included in this new edition are several newlrevised regulations. The
effective date of these regulations is September 1, 2006.
Page 1 of 35
f
The Department shall administer the General Assistance program in
accordance with W&i Code 17000, and al! regulations contained in this
manual. in the absence of specific regulatory instructions, the Department
shall refer to the CaIWORKs program regulations.
included in this new edition are several new/revised regulations as noted
in the matrix below. Additionally, for the sake of continuity and ease of
use, the manual sections have been re-ordered to reflect the progression
of activities from application process to case closure.
Regulation changes:
Section II Article 4(A}{3) Adds clarifying language that the market value
Property (Real and Personal} of a home in which a person lives will be
determined using taxable value, as verified by
the County Assessor, less verified
encumbrances
Adds clarifying language that the market value
Section II Article 4 (C)(2) of motor vehicles shall be determined using the
Property (Rea[ and Personal} DMV class letter valuation, or any other
reasonable method of determining an accurate
market value.
Section II Article 4(E) Adds personal property exemptions.
Property (Real and Personal}
Removes county work pro}ects, and adds
Section Il Article 6(C}(1) and (2) clarifying language outlining specific procedures
Employable Persons for registering for comprehensive jab search
services with the Community Employment
Centers.
Section 11 Article 8{H} Adds must not have adrug-related felony
Other Conditions of Eligibility conviction for use, possession, or distribution of
illegal drugs since August 22, 1996 or conviction
after January 1, 1998 pursuant to AB 1542
Section 11486 and AB 1260 Section 112x1.3.
Section II Article9(C} Adds DESS or DESS contractor is required to
Responsible RelativeslSponsors provide Cash Assistance Program for
Immigrants (CAPI) to eligible persons in
accordance with ACL 98-92.
Section VI New payment standards will go into effect
General Assistance Grant Levels September 1, 2006. The "Distressed County
Status for Butte County expires 8130106.
Adds all applicants/recipients will be required to
Section XI sign a repayment agreement as a condition of
Repayment of General Assistance eligibility
Page 2 of 35
COUNTY OF BUTTE
STATE OF CALIFORNIA
Prepared by Administrative Staff of the Butte County Department of
Employment & Social Services
Adopted by the Board of Supervisors: August 1957
Amended by the Board of Supervisors July 1959
July 1963
October 1968
July 1971
May 1972
July 1972
October 1972
September 1976
December 1976
March 1977
April 1978
August 1978
January 1980
April 198D
August 1984
December 1985
February 1985
June 1985
August 1988
November 1988
June 1989
August 1989
August 1990
August 1991
August 1992
October 1992
January 1993
April 1993
July 1993
February 1994
November 1994
November 1996
December 1997
December 2002
April 2004
August 2005
July 2006
Page 3 of 35
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t ...
GENERAL ASS[STANCE,PROGRAM MANUAL
TABLE OF CONTENTS
I.
APPLICANT /RECIPIENT RESPONSIBILITIES PAGE
5
II. GENERAL ASSISTANCE ELIGIBILITY STANDARDS 7
Article 1. Residence 7
2. Citizenship 7
3. Income 7
4. Property 1 ~
5. Cooperation 12
6. Employable Persons 13
7. Disabled Persons 14
8. Other Conditions of Eligibility 15
9. Responsible Relatives 1 Sponsors 17
1 d. Sanctions 1 ~
III. DETERMINATION OF ELIGIBILITY 24
IV. IMMEDIATE NEED 21
V. EMERGENCIES 22
VI. GENERAL ASSISTANCE GRANT LEVELS 23
VII. PAYMENT OF GENERAL ASSISTANCE 24
Article 1. Be innin Date of Aid 24
VIII. METHOD OF PAYMENT 24
Article 1. Definitions 24
2.. Housing 26
3. Good Cause Exception 26
4. Replacement of Lost/Stolen Warrants 26
IX. DETERMINATION OF CONTINUING ELIGIBILITY FOR
GENERAL ASSISTANCE 27
X. OVERPAYMENTS AND UNDERPAYMENTS 27
1. Overpayments 27
2. Underpayments 27
2. Overpayments for Landlords 27
XI. REPAYMENT OF GENERAL ASSISTANCE 28
XII. GENERAL ASSISTANCE HEARING PROCEDURE 29
XIII. DEPARTMENT'S CASE RECORDS 35
Page 4 of 35
1. APPLICANT AND R~GIRIEN.T RESPONStBIL~T~ES~
A. Who May Apply
Any person may make application for Genera! Assistance on behalf of
himlherself, ward, or an assistance household. If the head of the
household is available, helshe must initiate the application and sign the
application.
B. Applicant and Recipient Responsibilities
~ . The exploration of facts concerning eligibility shall be a joint
responsibility of the applicant and the Department. The records or
documents in the applicant's possession shalt be used whenever
possible to verify information.
2. The recipient shall be required to report any changes in income,
property, household composition, or circumstances within ten (10}
calendar days.
C. Monthly Reporting
1. In addition to the requirement to report changes within ten (1 Q}
calendar days, all households participating in the General
Assistance Program shall report household circumstances monthly
on the standard reporting form utilized for other programs or a form
of the Department's own design.
2. Households shall report the following information on a monthly
basis:
a. Monthly income
b. Shelter and utility costs when there is a change or move
c. Household composition
d. Property changes
e. Other circumstances relevant to determining the amount of the
General Assistance grant.
3. Households shall provide verification of the following information:
a. Gross earned and unearned income
b. Shelter and utility cost changes
c. Changes or additions to real or personal property
4. The monthly report shall be dated no earlier than the 15t day of the
month following the report month.
Page 5 of 35
5. The monthly report is due by the 5th of the month following the
report month. Failure to submit a complete report by the "extended
filing date", including verification, shat[ result in discontinuance of
aid following the issuance of a ten (10) day notice of action.
6. "Extended Filing Date" in a monthly reporting system is close of
business on the first working day of the issuance month. This is the
final date by which the household must submit a complete monthly
report form, including all required verification without penalty of
termination of eligibility.
D. Complete Monthly Report Form
The Department shall consider the monthly report form complete if all
of the following requirements are met.
i . The monthly report form provides the Department with address
(location) information sufficient to locate the household, however,
households that do not have a fixed address shag not have their
monthly report form rendered incomplete solely for this reason.
2. The monthly report form is signed by the General Assistance
recipient. If married, both adults are required to. sign the monthly
report.
3. All questions are fully answered and provide the Department with
sufficient information to correctly determine eligibility and benefit
level.
4. The Department shall provide a notice of action to a household that
fails to file a monthly report farm by the 11~' day of the month
following the report month or files an incomplete monthly report
form.
The notice of action shall inform the household:
a. The monthly report form either is overdue or incomplete;
b. The actions the household must take to complete the monthly
report form; and,
c. The date of the extended filing date.
5. The Department shall send the notice of action no later than t 0
days before the end of the month following the report month and
give the household until the extended filing date to file a complete
monthly report form. If a completed monthly report form is received
after the 11t" of the month following the report month, but prior to
the mailing of the notice, the notice shall not be sent.
Page 6 of 35
6. If a household responds to the natice of action by submitting an
incomplete monthly report form, the Department need not provide a
second notice to the household.
I1. GENERAL ASSISTANCE ELIGIBILITY STAND.ARD~
Article 1. Residence
A person shall have been a resident of Butte County for at least 15 days,
with the intent to remain. {Reference Sections 17000, 17001.5 of the
Welfare and Institutions Code.)
A. Verification of Residence
A person's residence shall be established based upon the statement of
the applicant. When the applicant's statement is inconsistent with other
information in the possession of the Department, additional verification
will be required. Lack of a #ixed address, permanent or temporary
housing shall not be a basis to deny General Assistance.
Article 2. Citizenshi
A person shall be a citizen of the United States or anon-citizen lawfully
admitted for permanent residence in the United States. Verification of
his/her non-citizen status and that he/she can legally remain in the United
States is required prior to authorization of aid.
A. Each applicant who is not a United States citizen shall be required to
present evidence of legal entry in accordance with the following:
1. Possession of registration card, INS Form 1-151, or earlier forms
AR-3 or AR-3a, if specifically endorsed to show legal right to reside
permanently.
2. Conditional entrants: Arrival-Departure record, Form INS 1-94,
endorsed "REFUGEE-CONDITIONAL ENTRY".
3. Parolees: ARRIVAL-DEPARTURE RECORD-PAROLE EDITION,
!NS Form 1-94, endorsed to show bearer has been paroled into the
United States for an indefinite period pursuant to Section 212
(d}(5}, Immigration and Nationality Act; and their parole sta#us has
not expired.
Article 3. Income
In the General Assistance Program, income from any source shall be
used to determine eligibility and grant amount. There are no exempt
sources of income in the General Assistance Program. Income includes,
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but is not limited to, cash or in-kind from labor or services performed,
loans, business activities, returns from real or personal properly,
contributions, Unemployment insurance Benefits, State Disability
Insurance, pensions or retirement benefits, Worker's Compensation,
insurance or court ordered settlement payments, income in-kind provided
by anon-household member, Financial Aid, etc.
Applicants and recipients of General Assistance shall be required to apply
far all potentially available income as a condition of eligibility.
A. The applicant's/recipient's net countable income from salary or wages
shall be determined as follows:
1. From the gross wages or salary, subtract verified mandatory
deductions such as State or Federal income tax, State Disability
Insurance, and Social Security contributions, including verified
court-ordered child support.
2. Unearned income, other than Financial Aid, counts in its entirety in
determining the amount of the General Assistance grant in the
month received. Unearned income in the General Assistance
Program includes, but ~ is not limited to: regular payments of
Unemployment or State Disability Insurance, Social Security,
Worker's Compensation, etc.
B. Financial Aid: Awards, grants, and loans paid by a bank, financial
institution, foundation, etc. for purposes of attending school shall be
prorated over the period it is intended to cover.
1. Financial aid diverted by the payor to a third party for payment of
tuition, fees, etc. shall be excluded from the determination of the
amount to be prorated.
2. That portion of the Financial Aid earmarked specifically for tuition,
mandatory fees, books, and supplies may be excluded from the
determination of the amount to be prorated, to the extent that these
expenditures can be verified.
3. Any portion of the Financial Aid paid directly to the recipient that is
not specifically earmarked for educational expense outlined in #2
above shall be counted as income and prorated over the period it is
intended to cover.
C. Lump Sum: Lump sum payments include, but are not limited to: State
or Federal income tax returns, personal loans, royalties, mineral rights
payments, insurance settlements, inheritances, awards, back wages or
commissions, lottery winnings, gifts, lawsuit settlements, retroactive
Page 8 of 35
payments from any source, including Social Security, Unemployment
or State Disability Benefits, Worker's Compensation, etc.
i . i_.ump sum payments from any source shall be considered to meet
current and continuing needs.
2. The period of ineligibility for General Assistance following receipt of
a lump sum shat{ be determined by dividing the lump sum amount
by the maximum General Assistance grant to which the recipient
would be otherwise eligible to receive. The resultant whole number
would be the number of months of ineligibility. Any remainder would
be subtracted from the following month's grant.
a. That portion of a lump sum received from an accidentlinjury
settlement for the repair or replacement of real or personal
property shall be exempt to the extent that it is used to repair or
replace the damaged item.
This portion of the lump sum is exempt as property and income
in the month of receipt and the following month. Verification of
the repair or replacement expenditure is required by the end of
the second month. If verification is not received, the period of
ineligibility shall be recalculated including this portion of a lump
sum as income.
b. That portion of a lump sum received for payment or
reimbursement of medical expenses incurred due to an accident
or injury shall be exempt to the extent that it is used and verified
to reimburse medical expenses.
Any payment identified by the payor as reimbursement to the
recipient for out of pocket medical expenses shall be exempt as
property for the month of receipt and the following month.
Verification of spend-down shall be required if the amount
received results in excess property.
Any payment identified by the payor as reimbursement to the
Medi-Cal or CMSP Program, or to a provider, shall be exempt
as income and property in the month of receipt and the following
month, only to the extent that such reimbursements are actually
distributed to the provider. Verification of payment to the
provider is required. If verification is not received, the period of
ineligibility shall be recalculated including this portion of a lump
sum as income.
c. Social Security burial payments and life insurance payments
used, in whole or in part, to defiray expenses resulting from the
death of the insured shall be excluded.
Page 9 of 35
The lump sum period of ineligibility shall begin the first of the
month following the month of receipt if a ten {10) day notice can
be issued, or the fiirs# of the second month following the date of
receipt if necessary for issuance of a ten {10) day notice.
3. Written notice explaining lump sum paymen# regulations shalE be
given to the applicant/recipient at the time of initial application and
redetermination {RV) and be documented in the case file.
Article 4, Pro ert Real and Personal
Real and personal property shall be considered when it is actually
available, or when a person has a legal interest in a liquidated sum and
has the legal ability to make that sum available for support and
maintenance.
The total value of real and personal property not excluded elsewhere by
regulations shat! not exceed $600.00.
A. Real Properly
1. Real property includes: [and and improvements such as, but not
limited to, buildings, fences, trees, mines, patented or unpatented
oil, mineral, or timber rights.
2. The owner of real property is the person who holds legal title to the
property. Consideration shall be given to the General Assistance
applicant's/recipient's right to possess, use, control, or dispose of
real property as a criterion of ownership in addition to possession of
legal title.
3. The value of the home in which a person lives is exempt if the
market value is $2D,000 or less. Market value will be determined
using taxable value, as verified by the County Assessor, less
verified encumbrances.
4. If the taxable value of the home less verified encumbrances
exceeds $20,000, the excess shall be considered as personal
property and shall be included in the property limit {$600.00).
5. Real property, other than the home, shall be valued at taxable
value less verified encumbrances, and shall be included in the
property limit ($60DAD).
B. Verification of Real Property Holdings
Page 10 of 35
Rea[ property holdings shall be verified by recent tax receipts, and/or
by property search reports from official record.
C. Personal Property
Personal property includes, but is not limited to:
t } Cash, securities, savings and checking accounts, notes,
mortgages, deeds of trust, uncollected judgments, in#erest in a
firm, and cash surrender value of life insurance policies,
2) Motor vehicles, recreation vehicles, boats, campers, trailers,
aircraft, musical instruments, and/or band equipment, power
tools, hobby tools, hardware and materials, sporting equipment
such as guns, archery equipment and outboard motors, jewelry,
cameras, stereos, CB equipment, home computers, and non-
essential household i#ems.
t . The owner of personal property generally is the person who holds
legal title to the property. Possession and use of personal property
is presumed to determine ownership for purposes of determining
eligibility.
2. One licensed motor vehicle or motorcycle with a market value, [ess
verified encumbrances, of $1,500 or less shall be exempt as
personal property. The market value, less verified encumbrances,
of a!I unlicensed motor vehicles or motorcycles shall be included in
the personal property limit {$6x0.00}. The market value of motor
vehicles shall be determined using the DMV class letter valuation,
or any other reasonable method of determining an accurate market
value.
a. If the market value, less verified encumbrances, of a motor
vehicle or motorcycle exceeds $1,500, the excess shall be
included in the personal property limit ($600.00).
b. Encumbrances shall be deducted from the market value of
vehicles if lender is listed as a lien holder on the vehicle
registration and there is a loan agreement stating the amount,
duration and repayment schedule of the loan.
D. Verification of Property
Ali General Assistance applicants shall sign an Authorization for
Release of Information to be used for verification of resources.
The value of property for which documentation is unavailable shall be
based on client statement of value, or any other reasonable method of
determining an accurate market value.
Page ~ 1 of 35
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E. Personal Property Exempt from Consideration
Tools and equipment normally used for self-support that are not
currently being used due to temporary illness or injury sha[I be exempt
for six (6) months from date of application. Equipment such as trucks,
tractors, trailers and implements for farming shall not be exempt under
this section.
Article 5. Cooperation
A. Applicants/recipients of General Assistance shall comply with program
requirements to the fullest extent of their capabilities in establishing
their eligibility, both at time of application and at any time
subsequently.
1. Persons failing or re#using to cooperate with program requirements
shall be denied yr discontinued. Examples of non-cooperation that
may result in denial or discontinuance include, but are not limited
to:
a. Failure to complete or participate in the completion of
documents required in the application process or in the
determination of continuing eligibility.
b. Failure to provide documents in his/her possession, or available
to him/her which are needed to determine eligibility.
c. Failure to report all information regarding changes in living
situation, income, household composition, etc.
d. Failure to comply with the County approved employment plan as
defined in Section II, Article 5(C)(1-6).
e. Failure to apply for potentially available income andlor benefits
such as Unemployment Benefits, Social Security, SSI, etc.
2. If a recipient files a timely appeal of a discontinuance for non-
cooperation through the hearing process, aid paid pending shall be
issued in accordance with Section XI(D).
B. The County is responsible for assisting applicants/recipients in
understanding their responsibilities in relation to application for aid; for
evaluating the capacity of the applicantslrecipients ability to meet their
responsibilities, and for assisting them as needed in establishing their
eligibility. The determination of a need for assistance does not negate
the program requirement that a medical .report (MC 6'[ Medical Report
Form) must be secured to substantiate an applicant'slrecipient's
Page 12 of 35
eligibility under the disability regulations of the General Assistance
Program.
1. Assistance shah be provided when requested by the
applicant/recipient or when it is determined, by supervisory review,
that the applicantlrecipient appears to be physically or mentally
unable to secure needed information.
C. In addition to discontinuance for failure to comply with program
requirements, a recipient may be sanctioned for willful or negligent
noncompliance with administrative rules and regulations. (See Section
11 Article 10 Sanctions)
Article 6. Emglovable Persons
All applicants or recipients, up to and including fi0 years of age, are
presumed to be employable unless determined otherwise by the County.
This includes applicants or recipients with physical, mental, or funct[onal
limitations or restrictions, which can be mitigated through employment
services, appropriate vocational rehabilitation andlor other treatment or
services.
In accordance with P.L. 104-121, the "Contract With America
Advancement Act of 1996" signed on March 29, 1996, individuals
receiving Supplemental Security Income (SSI} solely due to drug addiction
and/or alcoholism are no longer considered "disabled" under federal law.
Pursuant to this law, individuals whose only verified disability is due to
drug addiction andlor alcoholism shall be considered employable and
subject to participation requirements outlined in Section C (1-6).
Individuals with verification from a physician stating they are restricted to
part-time work are considered employable if, the number of hours they are
physically able to work, multiplied by the current minimum wage, exceeds
the maximum General Assistance grant for one person.
A. Effective January 1, 1997, an employable General Assistance recipient
shall be prohibited from receiving General Assistance for more than
three (3} months in any twelve-month period, whether or not the
months are consecutive, if that recipient has been offered an
opportunity to attend job skills or job training sessions. The 3 months
begins after the first full month of benefits and the client has made
reasonable effort to repay the previous grant.
B. If all other eligibility requirements are met, an applicant who has been
previously discontinued pursuant to Article 6(A) above, may be granted
General Assistance during the period of ineligibility if, upon
reapplication, the individual is unemployable in accordance with
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Section ll, Article 7(A), and will continue to be unemployable for a
period of thirty (30) days or more from hislher date of application.
C. In order to be eligible for General Assistance, employable
applicants/recipients over 18 years of age, employable parents, and
legally emancipated minors shall:
~ . Meet with a Resource Specialist at the Butte Community
Employment Center {CEC) and have received a computer logon for
job search purposes, i.e., CalJOBS. General Assistance shall not
be paid to employable persons until these requirements are met;
2. Participate in all components ofi the County approved employment
plan. This employment plan may include, but is not limited to, job
skills workshop, jab training sessions, work search, or vocational
rehabilitation programs;
3. Cooperate with and carry out any specifiic vocational plan
developed and approved by the County;
4. Be consistently available for employment;
5. Be continually and conscientiously in search of employment;
6. Be willing to accept employment.
D. For an employable adult, a CEC Resource Specialist shall provide,
upon client's request and demonstrated need, assistance for the
purpose of transportation to required employment related activities
outlined in Section C above.
~ . Transportation assistance as provided herein, shall be made
available, if possible, prior to the actual need.
Article 7. Disabled Persons
An applicant or recipient is disabled if he/she is unable to participate in
gainful employment as a result of a physical or mental disability which
cannot be mitigated through employment services, appropriate vocational
rehabilitation and/or other treatment or services.
A. Disability is based on:
1) Confirmed mental or physical impairment or disability;
2) Disability must be supported by the doctor's completion of the MC
G1 Medical Report form verifying type and length of disability;
Page ~ 4 of 35
At the end of the verified disability period, the recipient must either
provide doctor's verification of extended period of disability or
immediately participate in the employable program.
B. Interim Assistance -Must apply for Supplemental Security Income
(SSI) as follows:
1. Persons applying for G.A. based on a disability that is expected to
last for more than 12 months must. apply far and cooperate fully in
the application process for SSI.
2. Persons in receipt of General Assistance for at least six (6) months
based on temporary disability must apply for and caoperate fully in
the application process for SSI if it appears it will continue fora 12
month period.
3. Persons required to apply far SSI shall provide written proof from
the Social Security Administration that an application for SSI has
been filed.
4. Persons required to apply for SSl shall cooperate with the SSI
advocacy social services offered by the Department.
5. Refusal or knowing failure to appl
application process for SSI shall
discontinuance of aid as a disabled
reapplying as disabled shall not be
verified.
Article 8, Other Cond`[tions of Eli ibi[i#
y for or cooperate in the
result in the denial or
person. Eligibility for those
found until cooperation is
In order to be potentially eligible, a General Assistance app[icant/recipient:
A. Must be at least 18 years of age or a legally emancipated minor.
B. Must not be enrolled in an institution of higher education if they are
physically and mentally fit and considered employable.
1. Exception to the above exists when the person is disabled or
socially unemployable. Such persons} are referred for assessment
and to establish an appropriate County service plan.
C. Most not be eligible for any other cash program.
1. Adult recipients of the CaIWORKs Program who reach the 60-
month lifetime limit may be eligible for General Assistance only
when all children in the household are 18 years of age ar older
pursuant to AB 1542 SEC. 179. Section 17021(a).
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D. Must not be an individual who is receiving aid under the CaIWORKs
Program on behalf of an eligible child. Has been found to be either
ineligible for aid, or whose needs are not otherwise taken into account
in determining the amount of aid to the family pursuant to Section
11450 due to the imposition of a sanction or penalty.
Examples of penalties or sanctions from a cash program include, but
are not limited to the following:
1. Penalized from the CaiWORKs Program #or failure to provide proof
of immunization for all non-school age children pursuant to AB
1542 SEC. 57. Section 11265.8;
2. Penalized from the CaIWORKs Program for failure to cooperate
with the District Attorney in establishing paternity and assigning
child support rights pursuant to AB 1542 SEC. 149. Section 11477;
3. Penalized from the CaIWORKs Program for failure to comply with
school attendance requirements of children under sixteen years of
age pursuant to AB 1542 SEC. 54. Section 11253.5;
4. Penalized from the Ca1WORKs Program based on a finding in state
or federal court or pursuant to an administrative hearing decision to
have committed any of the fraudulent acts set forth in AB 1542
SEC. 153. Section 11486;
5. Sanctioned from the Ca1WORKs Program based on failure to
comply with work requirements pursuant to AB 1542 SEC. 62.
Section 11320.1.
E. Must not have quit a job in the month of application.
1=. Must not be an inmate of the Butte County Jail who is released on a
work release program pursuant to Penal Code 4024.2.
G. Must not be a person fleeing to avoid prosecution, or custody and
confinement after conviction for a felony pursuant to AB 1542 SEC.
178. Section 17016(a)(1).
H. Must not have adrug-related felony conviction for use, possession, or
distribution of illegal drugs since August 22, 1996 or conviction after
January 1, 1998 pursuant to AB 1542 Section 11486 and AB 1260
Section 11251.3.
I. Must not be a person in violation of the conditions of hislher probation
or parole imposed under federal law or the law of any state pursuant to
AB 1542. SEC. 178. Section 17016(a)(2).
Page 16 of 35
J. Other case situations, not specifically addressed in these regulations
will be reviewed and a determination made in accordance with the
regulations currently in affect in the CaIV110RKs program.
Article 9. Res onsible Relatives / S onsors
Responsible Relatives.
A. Responsible relatives are persons who have a legal obligation to
provide support or partial support for an applicantlrecipient of Genera{
Assistance. Responsibility exists spouse for spouse and parent for
child under 1 S unless mitigated by the court. Any persons presenting
themselves as a couple or who have had common children will receive
benefits as a couple.
B. The refusal of the responsible relative to meet hislher support
obligation shall deem the applicant/recipient of General Assistance
ineligible.
C. Cash Assistance Program for Immigrants (GAPI) ~- DESS or DESS
contractor is required to provide CAPI to eligible persons in
accordance with All County Letter (ACL) 98-82.
Sponsored Non-Citizens
lncome and resources of any person who, as a sponsor of a General
Assistance applicant or recipient into the United States, executed an
affidavit of support or similar agreement with respect to that applicant or
recipient. The income and resources of the sponsor's spouse, may be
deemed to be the income and resources of that applicant or recipient for a
period of three (3} years after the individual's entry into the United States.
Income and resources shall be determined as follows:
A. The total amount of earned and unearned income of the sponsor and
the sponsor's spouse if living together, shall be determined for the
month. The amount shall be reduced by the following:
1. $t 75.00 or 20%, whichever is less, from total wages, salary, or net
earnings from self-employment.
2. The maximum amount of TANF paid for a family of the same size
and composition as the sponsor and other household members
who are claimed by the sponsor as dependents for #ederal tax
purposes, but whose needs are not taken into account in making a
determination for TANF eligibility.
Page i 7 of 35
3. Any amounts paid by the sponsor or the sponsor's spouse to
individuals not living in the home who are claimed as dependents
for federal tax purposes.
4. Any payments for child or spousa! support for persons not living in
the home.
B. The value of the sponsor's resources shall be determined as fiollows:
1. Any resources of the sponsor and the sponsor's spouse that would
be counted if the sponsor were applying for General Assistance
shall be valued.
2. The value of the sponsor's resources in excess of $1,500.00 shall
be counted in the sponsored non-citizen's resource determination.
C. Sponsors of anon-citizen, and the non-citizen, shall be jointly and
severally liable for any overpayment that occurs within the. three-year
period following the non-citizen's entry into the United States, when
failing to provide correct information. Exception: The sponsor was
without fault or where good cause for failure to report existed.
D. When a person is the sponsor of two or more non-citizens who are
living in the same home, the sponsor's countable income and
resources shall be prorated based on the number of non-citizens in
each family unit.
E. These regulations do not apply to anon-citizen in which any of the
following applies:
1. Admitted to the United States as a result of the application, prior to
April 1, 1980, of Section 1153(a}(7) of Title 8 of the United States
Code;
2. Admitted to the United States as a result of the application, after
March 31, 1980, of Section 1157(c} of title 8 of the United States
Code;
3. Paroled into the United States as a refugee under Section
1182{d}(5) of Title 8 of the United States Cade;
4. Granted political asylum by the Attorney General of the United
States pursuant to Section 1158 of Title 8 of the United States
Code;
5. A Cuban or Haitian entrant, as defined in section 501 (e} of the
Refugee Education Assistance Act of 1980 (Public Law 96-422).
Page 18 of 35
Article ~0. Sanctions
A. An employable recipient of General Assistance shall be subject to
sanction when they:
1. Fail or refuse, without good cause, to participate in a qualified job
skills or job training program, when it is a condition of eligibility.
2. After completion of a job skills or job training program; fail or refuse,
without good cause, to accept an offer of employment.
3. Fail, without good cause, to comply with the provisions set forth in
Article 6(c}{1-6).
B. For purposes of Section A above, lack of good cause may be
demons#rated by any of the following:
1. Not less than three separate acts of negligent failure of the recipient
to engage in any of the activities described in Section A.
Negligence shall be defined as an action or inaction due to
negligence, oversight, or not being attentive.
2. Willful failure to engage in any of the activities described in Section
A. Willfulness shall be defined as an action or inaction done
deliberately, with thought, on purpose, andlor done with
consideration.
C. Terms of Sanctions far failure or refusal, without good cause, to follow
program requirements are as follows:
1. For the first such occurrence, the individual shall be discontinued
for a period of one month.
2. Foe the second such occurrence, the individual shall be
discontinued for a period of two months.
3. Far the third and each subsequent occurrence, the individual shall
be discontinued for a period of six months.
4. The discontinuance and sanction shall become effective at the end
of the month following the issuance of a timely and adequate notice
of action.
D. Sanctions shall not be applied without giving the client a ten {10) day
Notice of Intended Action to Discontinue and Sanction.
Page 19 0# 35
r j,
t~ ~ -
Ill... QETERMII~ATION O1= EL~GIBLLITY
A. Prospective Eligibility
A household's benefit level steal! be computed prospectively during the
month of application and the following month (this period is known as
the "beginning months") considering all factors of eligibility. The
prospective determination ofi eligibility and benefit level shall be based
on the income and other circumstances that the Department is
reasonably certain will exist for that household during the beginning
months.
t . For purposes of determining the household's eligibility and level of
benefits during the beginning months, the Department shall:
a. Take into account the actual income already received by the
household during the month of application; and
b. All anticipated income that the household expects to be
received during the remaining beginning months.
2. Income anticipated during the beginning months shall be counted
as income only in the month it is expected to be received, unless it
is averaged. Whenever a full month's income is anticipated but is
received on a weekly or biweekly basis, the Department shall use
the exact monthly amount whenever possible.
3. The Department shall continue to prospectively determine General
Assistance eligibility after the beginning months. The prospective
eligibility determination determines whether or not a household
continues to be eligible for benefits, and does not determine what
benefit level a household is entitled to receive. A household is
neither eligible for a restoration of benefits, nor shall an
overpayment be established against a household for an inaccurate
estimate of a household's prospective eligibility.
B. Transitioning Households from Prospective to Retrospective Budgeting
~ . When the Department receives the household's first monthly report
form during the second beginning month, the Department shall
con#inue to prospectively determine the household's eligibility, but
shall issue benefits retrospectively for month three based on the
actual information reported on the monthly report form for month
one.
2. For purposes of determining the household's level of benefits for
the payment month, the Department shall take into account the
household's actual reported income for the report month.
Page 20 of 35
3. When determining the household's level of benefits for the payment
month, only that income actually received by the household in the
report month shall be counted, except as provided below:
a. Income that has been averaged or prorated.
~V. I~MERIATE NEED
A. Definition of Immediate Need
"Immediate Need" exists when there is an emergency situation, and
the applicant's liquid resources are less than $100.00 or the amount of
the prorated grant,
Examples of an emergency situation include, but are not limited to:
a. Insufficient food for the familylindividual which cannot be
supplemented by Foad Stamps issued by the next working
day following the immediate need request;
b. Lack of housing;
c. Notice of eviction;
d. Notice of termination of or loss of utility service.
In this section "liquid resources", means resources that are
immediately available. (see Section Il, Article 3)
B. The intention of these provisions are to ensure that an applicant in
immediate need receives either:
1. An aid payment if he/she is eligible for GA; or
2. An aid payment or a purchase order if he/she is eligible for GA to
return to the place of their legal residence or a place where verified
resources are available; or
3. An immediate need payment if eligibility for GA is apparent but not
yet verified. The immediate need determination and payment, if
appropriate, should be completed on the day the recipient indicates
immediate need. In no event sha11 this be completed later than the
following working day.
C. The County shall always be alert to situations of immediate need at the
time of application or at any time during the application process and
shall take the necessary action to assist the applicant in applying for
immediate need. When an applicant indicates verbally or in writing that
he/she is in immediate need, the County shall review the
circumstances immediately.
1. An applicant is eligible for an immediate need payment if:
Page 21 of 35
~.
a. The applicant is apparently eligible for GA, and
b. The applicant complied with the procedural requirements
provided that it was reasonable for the County to expect the
applicant to do so within the time frame prescribed.
Procedural requirements include, but are not limited to:
1) See a Resource Specialist at the CEC;
2) Furnish a social security number, ar cooperation in securing
such number;
3) Apply for and accept unconditionally available income;
4) Accept employment; and
5) Agree to cooperate with the components of the County
approved employment plan as set forth in Section il, Article
6(C)(1-6).
2. The amount of the payment shag be the prorated grant for the
month computed from the date the immediate need payment is
authorized, but shall not exceed $100A0.
3. The County shall issue the immediate need payment no later than
the warking day following the date the immediate need was
requested. The County shall notify the applicant on the appropriate
notice of action that the request for immediate need is approved.
4. When an immediate need payment is made, the County shall verify
the applicant's eligibility or ineligibility within 15 working days of the
date in which the County determined immediate need existed.
5. If the County determines immediate need does not exist, the
normal procedure for determination of eligibility will continue.
6. When verification of eligibility is completed, the County shall
compute the aid payment from the beginning date of aid as set forth
in Section VII, Article ~ .The amount of aid granted as an immediate
need payment shall be offset against this aid payment and the
County steal! issue the remainder, if any.
7. If ineligibility results from failure to comply with requirements set
forth in Section If, Article 6(C}(~-6), a 30 day period of
disqualification shall be assessed along with the denial. If
ineligibility occurs for any reason, the normal denial procedure wi[!
be applied.
lf. EII~ERGENCIES.
A. Authority is granted to the DESS Director or their designee to return a
destitute person(s) to the place of their legal residence or a place
where verified resources are available.
Page 22 of 35
F3. Authority is granted to the DESS Director or their designee to grant to
any person(s) General Assistance funds not to exceed one hundred
and fifty dollars ($150.00} in substantiated emergency situations.
These funds may also be used to purchase items or services
necessary to eliminate barriers to securing employment or to assist in
establishing eligibility to SSI.
Vl, GENERAL. ASSI~TANGE GRANT LEVEL
A. The grant levels for various assistance units appear in the following
chart.
GRflNT LEVEL
MAXIMUM GRANT AMOUNT
1. Single adult applicants and recipients who live with one or more
unrelated persons or one or more persons not legally responsible
for the individual shall have their grant as established by Article ll,
Section A, reduced by the percentages set forth below:
Page 23 of 35
a. Fifteen percent ifi the applicant or recipient shares housing with
one other person;
b. Twenty percent if the applicant or recipient shares housing with
two other persons;
c. Twenty fire percent if the applicant or recipient shares housing
with three or more other persons.
d. For a married couple where only one of the spouses is applying,
the grant amount would be'/2 couple rate ($187).
2. Persons shall be eligible to General Assistance in accordance with
Wel#are and Institutions Code section 17000.
3. Boarding Home Care (non-medical facility} steal! not exceed the
following allowance:
Grant Level X298.00
Care and Supervision 155.00
TOTAL $453.00
Vll, PAYMENT ()F GENERAL ASStST'ANC~
Article ~. Beginning Da#e of Aid
The date ofi aid shall be the date a person first requests assistance from
the County, or the date a person establishes residency in Butte County as
established in Section ll, Article I, whichever is later.
V[tL MET'HOQ QF PAYMENT
Payments shall be made by vendor, county check, andlor purchase order.
Article 1, Definitions
Vendor Voucher -Payment by County warrant in the name of the property
owner of housing or hislher authorized agent.
County_Check -Payment by County warrant shall be made in the name of
the GA recipient. This warrant may be cashed by the recipient at any
location, and may be used far any purpose.
Purchase Order -Payment by County purchase order in the name ofi the
participating vendor.
Article 2. Housin
A. Payments for housing shalt be vendor paid for all applicants.
Page 24 of 35
B. The recipient has the option after six (6) months to withdraw from the
vendor voucher program and to have all or part of hislher assistance
for housing needs paid directly to their self.
C. The Department will withhold payment of rent to a landlord upon the
request of a client, if the dent shows a need for repairs or has moved.
D. Upon notification received by the Department concerning payment of
rent to another parry (i.e., State Board of Equalization, bankruptcy
proceedings, etc.} the client will be notified immediately and a copy of
any papers received by the County will be provided. Dispensation of
the landlord check shat! be done with the recipient's expressed
permission whether the County pays the money pursuant to the papers
received, or withhold payment until the dispute is resolved.
As needed, the Department will contact County Counsel for advice on
the Department's legal obligation to pay a particular vendor.
E. Untimely issuance of vendor payments for ongoing cases or for intake
cases processed over thirty (30} days due to agency error:
~ . The Department shall pay any late chargelfees incurred by the
client.
2. The Department shall secure replacement housing at least as
adequate as the housing from which the client was evicted provided
that:
a. The client has received a 3 day notice to pay rent or quit,
and
b. Such notice results in client eviction,
and
c. The client has informed the Department of such notice
immediately or no later than the end of the working day
following the day or receipt of said notice.
F. The County shall send to the recipient a notice that the landlord vendor
voucher has been sent to hislher landlord simultaneous with the
authorization for payment. This notice shall specify the date the vendor
voucher was authorized, the address #o which it was sent, and the
amount of the voucher. Such notice is only required in the following
situations:
Page 25 of 35
1. The initial voucher payment.
2. Any changes in payment, either to a different landlord, or by
payment in a different amount.
3. When the voucher payment is late (for the purposes of the required
notice, "late payment" is defined as payments issued in ongoing
cases which is sent to the property owner of his/her authorized
agent on or after the fourth day of the month).
Article 3. Good Cause Exception
A. When payment by voucher of housing would adversely affect the
recipient's health, safety or well-being or the recipient's ability to meet
his/her subsistence needs, the County shall make payment for such
costs by county check directly to the recipient or, with the recipient's
approval, to a third party.
B. The recipient shall have the burden of establishing the existence of
facts constituting good cause why payments should not be made
pursuant to the voucher system. The County steal[ assist the recipient,
as necessary, in gathering evidence to support the good cause claim.
C. Decisions authorizing direct payment shall be made by the Program
Manager or hislher designated staff member.
D. Examples of situations which ~ constitute good cause include, but
are not limited to the following:
When the recipient's landlord or authorized agent refuses to
cooperate with or participate in the vendor voucher system.
2. When, because of a recipient's physical or mental disability, the
Department determines that it would adversely affect the recipient's
best interests for the County to provide assistance by voucher.
3. When disclosure of the method of payment to hislher fandlord
would be in)urious to the recipient's health and welfare.
4. When the County has received verification concerning payment of
housing costs to another party (see Section Vll1, Article 2(F}.
Article 4. Re lacement of Lost or Stolen Warrants
Replacements #or lost or stolen warrants shall only be made if requested
within the month of issuance for continuing cases, and within thirty (30)
days from the granting notice of action or the date of authorization for
payment issuance, whichever is later, for initial applications.
Page 26 of 35
IX. DETER111[IIVATlON OF CDNTIN.UiNG ELIGIBTL[TY FQR
GENERAL AS$~~TANCE
A. Responsibility for Continuing Investigation
The Department shall be responsible for such continuing investigation
necessary to insure payment only to eligible recipients; to insure
payment of aid in the correct amount; to assist recipients to meet
needs as fully as possible; and to assist recipients in restoring
themselves to self-sufficiency and self-care.
The provisions governing method of initial investigation also govern all
continuing investigations.
A face-to-face redetermination of eligibility wi11 be conducted annually.
B. Home Visits
Home visits may be required annually as part of each redetermination
ofi eligibility. Additional home visits shall be made as frequently as
circumstances warrant firom the standpoint of determining continuing
eligibility or developing employment and rehabilitation services.
X. O1tERRAYMENTS ANA UND.ERRAYMENTS
A. Overpayment
An overpayment sha11 be adjusted through the General Assistance
grant, whenever possible, beginning with the earliest payment (1 D day
notice required) after discovery of the overpayment. The repayment
amount shall not exceed ten percent (~ 0%) of the
applicant'slrecipient's total grant.
B. Underpayment
An underpayment shall be corrected in accordance with the regulations
in effect on the date of discovery. Underpayments are corrected
through retroactive payments. If the recipient has both an
underpayment and an overpayment the County shall balance one
against the other before making a retroactive corrective payment.
C. Overpayments for Landlord
If a recipient leaves the residence prior to the first business day of the
month the Department may collect an overpayment from the landlord.
(see WIC 1i274(d}(~) and (2})
Page 27 of 35
x~, REPav~r~i~T o~-~~EN~~a~ ~-sstsr~n~~~ ~:
A. All General Assistance payments are considered loans and are
repayable. Any applicant/recipient will be notified of their responsibility
to repay aid received. All applicantslrecipients will be required as a
condition of eligibility to sign a repayment agreement.
At the time of discontinuance of General Assistance, a fetter
summarizing the following information shall be mailed to the recipient.
1. Dates for most recent opening and closing of General Assistance.
2. Total dollar amount of aid provided.
3. Total dollar amount of aid repaid by cash.
B. Policy Governing Recovery of General Assistance
Upon discontinuance of General Assistance, steps shall be taken to
recover all General Assistance payments made to the recipient or on
hislher behalf.
C. Policy Governing Recovery or General Assistance (SSO 14 and BU-
GA-420).
1. For a recipient or former recipient ofi General Assistance, who
signed an SSP 14, the procedure for recovery shall follow the
mandates established by the State Department of Social Services
Manual Section EAS 46-337, pursuant to the Interim Assistance
Agreement entered into between the County of Butte and the State
Department of Social Services.
2. For a recipient or former recipient of General Assis#ance, who
signed an agreement to repay the County and refuses to reimburse
the County for General Assistance received, the matter shall be
referred to Accounts Receivable for appropriate action.
D. Policy Governing Fraud and Fraud Referral
1. Definition of Fraud
Fraud exists when a person, on behalf of himself or others, has:
a. Knowingly and with intent to deceive or defraud made a false
statement or representation to obtain bens#its, obtain a
continuance or increase of benefits, or avoid a reduction of
benefits.
Page 28 of 35
b. Knowingly and with intent to defraud failed to disclose a fact
which, if disclosed, could have resulted in denial, reduction or
discontinuance of benefits,
c. Knowingly accepted benefits that helshe is not entitled to, or
accepted any amount of benefits knowing it is greater than the
amount to which helshe is entitled.
d. Knowingly made statements for the purpose of obtaining,
continuing, or avoiding reduction or denial of benefits, which
helshe did not know to be true with reckless disregard of the
truth.
Xfl. GENERAL. A~.~ISTANCE HEARING PRQC~DURE
A General Assistance Hearing is a form of Administrative Hearing
whereby a claimant may obtain an impartial review of any General
Assistance action.
A. Rights to a General Assistance Hearing
A request for a General Assistance Hearing may be either written or
oral.
1. Upon the County receiving the written hearing request, it will be
submitted to the Supervisor of the Administrative Review Unit.
2. If the County received a verbal request, the specific issue will be
documented on the Chronological Data Sheet in the case record;
and
a. An infra-departmental memorandum {stating the specific hear-
ing issue noting case name and number} will be sent to the
Supervisor of the Administrative Review Unit.
b. Upon learning of the client's verbal hearing request, the
assigned case worker will send the client a General Assistance
Hearing Request Form {BU QC "k 2} to be completed and
returned stating the specific hearing issue.
The date of the claimant's verbal request wi11 be accepted as the
filing date for the hearing.
3. Notwithstanding any other regulation, there is no cause for a
General Assistance hearing if the only basis for the hearing
pertains to an action that has been taken by the Board of
Supervisors, i.e., grant amounts.
Page 29 of 35
~.
a. All hearings requested based on an action of the Board of
Supervisors shall be dismissed by the Department based on
lack of jurisdiction.
b. When the issue includes an overpayment, which is caused by
the effective date of a regulation amendment, an employee of
the Department, not associated with the General Assistance
Program, shall conduct an Administrative Review to determine
the accuracy of the overpayment calculation.
1 } if the overpayment is correct, the notice of dismissal shall
include a statement regarding the findings of the
Administrative Review.
2) If the overpayment is incorrect, the notice of dismissal shall
include a statement regarding the actions the Department
has taken to correct the amount owed.
3} The notice of dismissal shall include a statement regarding
the claimant's right to a judicial review by court.
B. Time Limit on Request fior a General Assistance Hearing
The request for a General Assistance Hearing must be filed within 90
days after the date of the action.
1. If the claimant received a notice of action dated March 15t", the first
day of the 90-day ~eriod would begin March 16th. June 13th would
be the last day (90 ) of the 90-day period.
2. In all other cases when a notice of action is sent to the claimant, the
date of action or inaction shall be considered to be the date the
action was discovered.
Discovered date is the date the claimant knew, or should have
known, of the action.
C. Authorized Representative
1. The claimant may authorize a representative to represent himlher
at a General Assistance Hearing by signing a written statement to
the effect or by stating at the hearing that the person is so
authorized. The authorization may be limited in scope or duration
by the claimant, and may be revoked at any time.
2. Whenever the claimant is represented by an authorized
representative, the authorized representative shall be furnished a
Page 30 of 35
copy of all notices and decisions concerning the General
Assistance Hearing, which are provided to the claimant.
D. Aid Paid Pending a Hearing
1. If the claimant fifes a request for a General Assistance Hearing
before the effective date of the proposed action aid shall continue.
If the claimant voluntarily and knowingly waives aid, the aid wilt be
paid (or not paid) pending the outcome of the hearing.
2. When a hearing is abandoned by the claimant or a decision is
received upholding the County's action, and aid paid pending has
been authorized:
a. An abandonment letter shall be sent when a hearing is
considered abandoned. Aid paid pending shall be discontinued.
b. No further notice is required to impose a postponed County
action upheld by the written hearing decision.
c. If the postponed action would have resulted in a decrease in
aid, the client may be assessed art overpayment for the months
aid paid pending was issued, as otherwise eligible.
d. If the postponed action would have resulted in a discontinuance,
an overpayment may be assessed for the months aid paid
pending was authorized.
e. If the postponed action includes a discontinuance and a period
of ineligibility such as for lump sum income or failure to
cooperate with County employment plan.
1) Aid paid pending shall not be considered an overpayment.
2) The discontinuance shall be effective the last day of the
month in which the hearing was abandoned or the hearing
decision is received, or the last day of the subsequent month
if the County does not have time to affect the
discontinuance.
3) The period of ineligibility or sanction shall begin the first of
the month following the effective date of discontinuance of
aid.
E. Preparation for the General Assistance Hearing
1. Upon receipt of a hearing request, the Administrative Review Unit
shall:
Page 31 of 35
a. Determine eligibility to Aid Paid Pending and Issue within two
working days.
b. The DESS representative has fifteen {15} working days or less
to conduct the initial review and prepare a typewritten Statement
of Position from the date the of the hearing request.
c. No later than the 16~~' working day, following the request, submit
the typewritten Statement of Position to the Administrative Law
Judge (ALJ}.
d. Schedule a hearing and advise the Hearing Officer of the date
and location.
e. Notify the claimant of the scheduled hearing date, time and
location.
f. The claimant will be provided seven (7} calendar days advance
notice of the hearing date and time. (Sections e. and f. should
be expedited to eliminate Aid Paid Pending.}
2. Prior to the General Assistance Hearing, the DESS Representative
shall:
a. Contact the claimant to determine and clarify the hearing
issue{s).
b. Review the applicable regulations and policies in light of the
evidence, which exists in the case record. In conducting this
initial review, the DESS Representative shall contact the
assigned caseworker and other County personnel as
appropriate.
c. After conducting the initial review, the DESS Representative
shall make a determination concerning the appropriateness of
the County action.
~) If the concluded the County action was incorrect, the
claimant shall be contacted to resolve the issues without a
hearing.
2) If it is concluded the County action was correct, the DESS
Representative shall:
a} Determine if there are any further contentions, which the
claimant will attempt to raise at the hearing.
Page 32 of ~5
b} Provide any and all information, which can be of
assistance to the claimant in preparing for the hearing,
including regulations andlor policy far the General
Assistance Program.
c) Prior to the hearing, the DESS Representative shall have
a prepared typewritten Statement of Position completed
15 working days from the date the General Assistance
Hearing request was received by the Department. (Same
format as used- in State Hearings.} The position
statement shall summarize the facts of the case record
and set forth the regulatory justification for the County's
action. The County shall include as attachments to the
Position Statement copies of documentary evidence.
d) The DESS Representative shall determine if the
presence of the assigned caseworker ar other County
witnesses would assist in the resolution of the issue.
e} At the hearing, the DESS representatives shall assume
full responsibility for presentation of the County's case.
Such presentation shall include:
~) Summarizing the written Position Statement.
2} Presenting the testimony of County witnesses.
3} Cross-examining the testimony of the claimant and
the claimant's witnesses.
4} Responding to any questions from the claimant or
Hearing Officer concerning the case.
5} Have the case record available at the hearing.
f. The DESS Representative may obtain a withdrawal from
the claimant at any point, with administrative approval,
during the review process if the issue is resolved.
F. Setting of the Hearing
1. The Hearing Officer shall be an impartial, qualified individual, who
has not been a participant in the protested action nor directly
affiliated with said aid program, but has thorough knowledge of the
program.
2. Evidence and testimony will be provided to the Hearing Officer by
the County, the claimant and all witnesses.
3. Only those issue(s) cited in the hearing request will be addressed
during the hearing.
Page 33 of 35
4. An Aid Paid Pending decision will be made at the hearing and
effective that same day.
5. All General Assistance Hearings will be held at a convenient
location. If the claimant is unable to attend the hearing at the
hearing location for reasons of poor health, the hearing shall be
held in the claimant's home or any other place agreed to by the
County and the claimant.
G. Hearing Decisions
1. The Hearing Officer shall render a final written hearing decision
based only upon regulations and the evidence produced at the
hearing. The decision shall specifically state the findings of fact and
the pertinent regulations upon which the decision is based.
2. A hearing request shall be considered abandoned and dismissed if
the claimant, without good cause, fails to appear in person or by
authorized representative at the scheduled hearing. The hearing
shall be rescheduled if within ten (10) days from the date of the
scheduled hearing, the claimant requests that the hearing request
be reinstated and establishes good cause for failing to appear a1
the hearing.
Good cause shall be established if there is a death in the family,
personal illness or injury, sudden and unexpected emergency, a
conflicting court appearance, or the County does not make the
position statement available not less than two working days prior to
the hearing or modifies the position statement after providing it to
the claimant.
3. The hearing decision shall be rendered within 60 working days from
the date of the concluded hearing. (The total hearing process will
be executed within 90 working days.)
H. Rehearing (Second Level of Appeal Process)
The claimant or the County must submit a written request for
rehearing to the Hearing Officer within 30 days from the date of the
adopted hearing decision.
2. A written decision to grant or deny the rehearing will be made by
the ALJ within 30 days from the date the written rehearing request
was received in this office.
a. A rehearing shall be granted if any of the following criteria is
stated in the request:
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1) Additional evidence not presented in the initial hearing.
2) State why the additional evidence was not previously
introduced.
3) Explain the additional evidence materiality.
3. If the rehearing request is granted, the same procedure cited in F.
above wi[I be followed, except for Section F, 4, which does not
apply.
4. If the rehearing is denied, the written decision shall contain a
statement concerning a right to judicial review by court.
Xl~t. D.EPAF~TlI!lENT'a C~S~ RE.GORD
Records shall be confidential in accordance with W & I code 17006.
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