Appeals and State Hearings
Appeals and State Hearings
To convert existing policy to new writing style only- No concept changes.
In accordance with Manual of Policies & Procedures (MPP) section 22-085.1, the claimant may authorize a person or organization to represent them during all aspects of the State hearing process by signing and dating a written statement to that effect, or by stating at the hearing that the person is so authorized.
The duties of the Authorized Representative (AR) may be limited in scope or duration by the claimant and may be revoked by the claimant at any time. Pursuant to MPP section 19-005.02, unless the authorization is expressly limited or revoked, the time period shall extend to the final disposition of the issue involved in the state hearing.
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Authorized Representative (AR)
An individual or organization that has been authorized to represent the claimant in various aspects of the hearing process.
Claimants who are incompetent, comatose, or otherwise unable to act on their own, cannot appoint an AR.
For purposes of MPP section 22-085, “competent” means being able to act on one’s own behalf in business and personal matters.
On the date of the claimant's death, the authorization terminates. The hearing may continue only as provided in MPP section 22-004.4.
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 section 63-402.63.
Appointment of Authorized Representative Form (DPA 19)
The California State Department of Social Services (CDSS) State Hearing form that is used for the purpose of providing a claimant with a written method to designate an individual or organization to serve as an AR. For the form to be valid, it must be signed by a claimant who is competent.
Administrative Law Judge (ALJ)
A person designated by the CDSS State Hearings Division (SHD) to conduct state hearings and administrative disqualification hearings.
Attorney
An active member of the California State Bar.
Claimant
A person who has requested a State hearing and is or has been either:
Notice of Language Services – Fair Hearings (GEN 1365A)
A multilingual notification that is provided to a Limited-English proficient claimant/Authorized Representative along with the Statement of Position (SOP). The form instructs the claimant/AR to contact the hearing representative to obtain a free oral interpretation of the SOP.
A valid written authorization for the appointment of an AR is required to prevent the inadvertent disclosure of confidential information to unauthorized persons. The County cannot release or reveal confidential information without authorization from the claimant.
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