DPSS ePolicy

Adequate Notice of Action (NOA)

In accordance with the provisions outlined in the MPP section 22-001(a)(1), a written notice:

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 preferred language. (see MPP section 21-115.2 for language-compliant NOAs);
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 right 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; and
4. Be properly addressed to the appropriate household (HH) member.

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

Reference: ASH 004 Adequate and Timely Notices ePolicy for more detailed information.

Administrative Law Judge (ALJ)

A person designated by 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 sections 63-804.642 (a), 22-072.65.

Appeals and State Hearings Tracking System (ATS)

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

Appeals Case Management System (ACMS)

System used by SHD to track all State hearing requests. It is used by the County, State, the claimant, and the Authorized Representative (AR) to request, review, and update the State hearing status.

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 the 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.

Reference: ASH 003 Authorized Representative ePolicy for more detailed information.

Bifurcation

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). 

Reference: MPP section 22-049.53

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.
   

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 collaborative with ASH to implement necessary corrective action and issue APP timely.

Note: Although the Benefit Recovery Accounting Section (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 section 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 language­compliant, 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 above, 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 language­compliant 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 files and shall include a review of any benefits issued during the entire first month in the 90-day period. 

Reference: MPP section 22-009