DPSS ePolicy

Revision of existing policy and/or form.

Changes are shown highlighted in gray throughout the document.

A hearing may be postponed upon the request of a claimant/Authorized Representative (AR), the County or an Administrative Law Judge (ALJ). The Chief ALJ or their designee shall have the authority to postpone a hearing prior to the hearing at their discretion. 

A hearing shall be postponed if either party has not received notice of the time and place of the hearing at least ten (10) calendar days before the hearing and either party requests a postponement. A hearing may also be postponed when good cause exists.

The mission of the State Hearings Division (SHD) is to resolve disputes by applicants and recipients of public benefit programs in an impartial, independent, fair and timely manner, ensuring that due process is met in accordance with Federal and State law. To safeguard the timeliness of the delivery of due process throughout the hearing process, the SHD offers a postponement request process pursuant to Manual of Policies and Procedures (MPP) section 22-053.

Adequate Notice of Action (NOA)

In accordance to the provisions outlined in MPP 22-001(a)(1), written NOA: 

1. Must be written in the claimant's preferred written designated language, or otherwise, the County must offer and provide interpretative services for NOAs not provided in the claimant's primary language (see MPP 21-115.2 for language compliance NOA).
2. Inform the claimant of the action the County intends to take.
3. Provide the reason(s) for the intended action.
4. Include the specific regulations supporting such action.
5. Inform the claimant of their rights to request a State hearing; 

An Adequate NOA must also: 

1. Provide adequate computations, if applicable.
2. Note the effective date of the action.
3. List availability of free legal representation.
4. Be properly addressed to the appropriate household (HH) member. 

For the CalFresh Program, see MPP 63-504.2 for certain exceptions to the adequate notice requirements. 

Note: An adequate NOA must also be timely; at least ten (10) calendar days prior to the effective date of the adjustment or change in eligibility status. In computing the notice period, the ten-day period does not include the date of mailing, or the date that the action is to take effect (see MPP 22-072.4).

Reference: 
ASH 004 Adequate and Timely Notices

Administrative Law Judge (ALJ)

A person designated by the Director of the California Department of Social Services (CDSS) and thereafter assigned by the Chief ALJ to conduct State hearings and Administrative Disqualification Hearings (ADH).

Aid Paid Pending (APP)

Aid paid to a claimant in the amount that they would have continued to receive if the proposed adverse action had not been taken by the County.

Note: In the CalFresh program, benefits can never continue beyond the end of the certification period. 

Reference:
MPP 22-072.65
MPP 63-804.642 (a)

Authorized Representative (AR)

An individual or organization that has been authorized verbally and/or in writing by the claimant or designated by the ALJ to act for and represent the claimant in any and all aspects of the State hearing or ADH. 

Note: Individuals who have been convicted of an Intentional Program Violation (IPV) of the CalFresh program are restricted from being designated as an AR, unless that individual meets the exception criteria found in the MPP 63-402.633.

Reference:
ASH 003 Authorized Representative

Claimant

A person who has requested a State hearing and is or has been either:

1. An applicant for or recipient of aid; 
2. A foster parent or foster care provider, including group homes and foster family agencies, who requests a hearing on behalf of the foster child residing with them whose aid was affected by a County action; 
3. A representative of the estate of a deceased applicant or recipient; 
4. The guardian or conservator of an applicant or recipient; or
5. The sponsor of an immigrant.

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