DPSS ePolicy

Aid Paid Pending (APP)

When the claimant files a request for a State hearing prior to the effective date of the action, aid shall be continued to the claimant in the amount that they would have continued to receive if the proposed adverse action had not been taken by the County. Aid Paid Pending (APP) shall be released by the regular scheduled payment date or within five (5) working days from the filing (whichever is later) per MPP section 22-073.11. This does not apply to CalWORKs supportive services payments when a timely Notice of Action (NOA) has been sent; however, child care services may continue when appropriate per MPP section 47-420.32. For additional information, refer to MPP sections 22-072.5 and 22-073.

Note: In the CalFresh program, APP must not exceed the recipient’s certification period. In the CalWORKs program, APP must be repaid after the hearing, when the County action is upheld.

Reference: 7CFR 273.15(k)(2)(i), MPP sections 22-001(a)(1),  22-072.65, and 63-804.642(a). 

Also refer to the ASH 005 Aid Paid Pending ePolicy for more detailed information.

Appeals and State Hearings Tracking System (ATS)

System used by Appeals and State Hearing (ASH) to process, document, and upload verifications for all State hearing requests received.

Authorized Representative (AR)

An individual or organization that has been authorized verbally and/or in writing by the claimant or designated by the Administrative Law Judge (ALJ) to act for and represent the claimant in all aspects of the State hearing or Administrative Disqualification Hearing (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 section 63-402.633.

Refer to the ASH 003 Authorized Representative ePolicy for more detailed information.

Bifurcation MPP Section 22-049.53

A prehearing written request to the Presiding ALJ to hold a hearing limited to only the jurisdictional issues. With this request, the County seeks a dismissal of the issue in dispute (substantive issue) because it is not within the jurisdiction of the State hearing process.

It is a suitable request when the jurisdiction over the disputed claim is at least questionable, if not inexistent. See MPP section 22-009.

Any party can request bifurcation; however, they must notify the other party of the request being made. The Presiding ALJ in Los Angeles County or their designee will make a preliminary determination and inform both parties of whether the hearing will proceed on jurisdictional issues only, (if bifurcation is granted) or both, jurisdictional and substantive issues (if not granted).

Case Record Retention

In accordance with Welfare and Institutions Code (W&IC) section 10851(a):

Each County shall establish and maintain a case record for each public social services case and shall retain the record for a period of three (3) years.

The three-year retention period begins on the day in which public social services were last provided. The records shall be retained beyond the three-year retention period when the County is notified by CDSS or the Department of Health Care Services (DHCS), whichever has jurisdiction over the records, to retain records for a longer period of time.

CDSS or DHCS, whichever has jurisdiction over the records, shall instruct a County to retain records beyond the three-year period when the retention is necessary due to a pending civil or criminal action. For additional information on access to public assistance case records, refer to MPP section 19-005.

Note: All County Letters (ACLs) 04-06 and 15-26 provide the legal requirements for records retention and the identification of certain records which require extended retention periods. MPP sections 23-353 through 23-356 set forth the requirements for certain records, which have retention periods that vary from the general rule. A complete list of records exempt from the three (3) year rule can be found in ACL 04-06.

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;
5. A child's relative caregiver with regard to the child's application or receipt of aid; or
6. The sponsor of an immigrant.

Conditional Withdrawal (CWD)

An agreement reached between the County and the claimant/AR, whereby the County agrees to take specific corrective actions within 30 calendar days from the date the agreement is signed by both parties, to resolve any issue(s) in dispute and the claimant/AR agrees to withdraw their hearing request.

Refer to the ASH 006 Withdrawals ePolicy for more detailed information.

Fair Hearing Liaison (FHL)

Staff located in district offices, Customer Service Centers, Greater Avenues for Independence (GAIN) Regions/contracted offices, and In-Home Supportive Services (IHSS) Regional offices.  FHLs work collaboratively with ASH to implement necessary corrective action and issue APP timely.

Note: Although BRAS doesn't have FHLs, ASH staff collaborates with BRAS staff to implement necessary corrective action and issue APP timely.

Jurisdiction

A state hearing shall be available to a claimant who is dissatisfied with a county action or inaction on a county administered state aid program. See MPP 22-003. The request for a State hearing shall be filed within 90 days after the date of the action or inaction with which the claimant is dissatisfied.

Except as provided for in MPP section 45-306.3, if the claimant received an adequate and language-compliant notice of the County action, the request for a hearing shall be filed within 90 days after the notice was mailed or given to the claimant. If adequate notice was required but a notice was not provided, or if the notice is not adequate and/or language-compliant, any hearing request (including an otherwise untimely hearing request) shall be deemed to be a timely hearing request.

In the CalFresh program, the time limits for State hearing requests are set forth in MPP sections 63-802.4 and 63-804.5. Notwithstanding MPP sections 22-009.11 and .12, the claimant may request a hearing after 90 calendar days, but no more than 180 calendar days (except as provided in MPP section 22-009.14), after the notice was mailed or given to the claimant if the claimant has good cause for the delay.

Good cause means a substantial and compelling reason beyond the claimant’s control, considering the length of the delay, the diligence of the claimant, and the potential prejudice to the other party. The claimant’s inability to understand the adequate and language-compliant notice, in and of itself, shall not constitute good cause. Nothing in MPP section 22-009 shall preclude the application of the principles of equity jurisdiction as provided by law.

A recipient shall have the right to request a State hearing to review the current amount of aid. At the claimant’s request, such review shall extend back as many as 90 calendar days from the date the request for hearing is filed and shall include a review of any benefits issued during the entire first month in the 90-day period.

Jurisdictional Issue

A State hearing on jurisdictional issues refers to the determination of the hearing filing as timely by an ALJ and therefore admissible or, as not timely and not admissible.

CDSS regulations require the provision of timely notices of action (i.e., the  notice is provided 10 calendar days prior to the County action taking effect) and adequate notice, meaning language compliant, or containing the effective date, the reasons, and supportive regulations for the proposed negative action per MPP sections 22-071.1 and .2.

Doctrine of Laches

The doctrine is based upon the maxim that equity “aids the vigilant and not those who slumber on their rights.” It is defined as neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to the adverse party, operates as a bar in court of equity.

In a State hearing, the County invokes the doctrine of laches if an unreasonable amount of time has passed since the action occurred, and the claim presents an evidentiary prejudice against the County because it no longer has the necessary documents/witnesses to support its action. It is case-specific and relies on the ALJ's decision as to whether a claimant waited too long, and the County is unable to put together a reasonable defense because of the claimant's inaction. To demonstrate prejudice, the County must provide evidence that the relevant information/documents no longer exist due to the case record retention rule.

In invoking the Doctrine of Laches, the County must show, by a preponderance of the evidence (see Note), that:

1. There was a delay in bringing the action by the claimant/AR.
2. The reason for the delay was unreasonable.
3. The delay caused prejudice to the County.

Note: Preponderance of evidence – Considering the evidence as a whole, the existence of the fact to be proven is more likely than not.

Straight Withdrawal (WD)

The claimant/AR cancels the hearing request because their issues are resolved (either the County’s action has been corrected, or the action was originally correct) and the claimant/AR is satisfied with the County’s action. Upon confirmation from the State, the hearing request will be immediately dismissed.

Refer to the ASH 006 Withdrawals ePolicy for more detailed information.