Carson Municipal Code Part 3 Procedure

The Board shall act in accordance with the procedure specified by California law and by this Chapter.

(Ord. 74-313)

(1) If the agency should deny eligibility, disapprove the full amount of assistance claimed, or refuse to consider the merits of a claim because of untimely filing or for any other reason, the agency shall include in its written notification to the claimant the reasons for its decision and the procedures for appeal to the Board.

(2) Any claimant aggrieved by any determination of any agency may request a full written explanation of the agency's determination and the basis therefor if he feels that the explanation offered with the notification of the determination is inadequate. Such request for a full written explanation must be responded to by the agency within fifteen (15) days of its receipt.

(Ord. 74-313)

An aggrieved claimant must file a request for review of the determination of the agency with the Board within six (6) months of the date of receipt of the determination.

(Ord. 74-313)

All requests for review made to the Board shall be in writing, and may be made on forms prescribed by the Board. The request for review shall state in ordinary terms the facts complained of, the error or other defect in the agency's determination and the relief which the claimant seeks. If the claimant cannot prepare, or needs assistance in the preparation of, the written request for review, the agency which rendered the determination shall provide assistance and shall notify the claimant of other sources of assistance. The claimant may include in his written request for review any statement of fact within his knowledge or any other information which may have a bearing on his appeal. Requests for review shall be liberally construed and shall be deemed sufficient if adequate to apprise the Board and agency of the general nature of the complaint.

(Ord. 74-313)

Upon receipt of a conforming request for review the Board shall set a date for a public hearing at the earliest practicable time to consider the aggrieved party's claim. In no event shall the hearing be scheduled later than ninety (90) days after the receipt of the request for review; however, the claimant may be granted thirty (30) days from the date of his request for review in order to gather and prepare additional material and information, if a reasonable basis can be shown justifying such extension.

(Ord. 74-313)

No action shall be taken on any appeal until after proper notice of public hearing has been given and a public hearing has been held. Proper notice of a hearing before the Board shall consist of "public notice" by posting in three (3) public places in the City, and written notice by registered mail to the claimant or his agent, to the agency responsible for the determination, and to any other interested party, given at least ten (10) days prior to the date of the hearing and specifying the date, time and place of the hearing.

(Ord. 74-313)

Subject to such reasonable limitations as may be prescribed by the City Council or the agency in question, the claimant or his agent shall be allowed to inspect all files and official records in the custody of the City or agency which bear upon his appeal, except that such right of inspection shall not extend to material the disclosure of which is prohibited by law or other "confidential" materials.

(Ord. 74-313)

A claimant may present his appeal personally or may be represented at any and all stages of the appeal proceedings by an attorney, at claimant's expense. Claimant or his agent may make an oral presentation to the Board, call witnesses, cross-examine opposing witnesses, and offer documentary evidence and affidavits. The Board may take such oral or written statements from such other parties, including representatives of the agency responsible for the determination, as may be helpful in its deliberations. The Board shall make a written summary of the oral presentation and shall include it in the claimant's file. The proceedings of the Board shall be conducted informally. Rules of evidence applicable in court proceedings shall not apply. The oath or affirmation shall be administered to all witnesses.

(Ord. 74-313)

(1) The Board, within fifteen (15) days after the public hearing, shall transmit its report and recommendations, in writing, to the agency responsible for the determination which was the basis of the appeal.

(2) The written report of the Board shall include (a) the name and address of the aggrieved party, and his agent, if any; (b) a summary of the complaint and a copy of the complaint; (c) a summary of the facts developed at the public hearing and a copy of the notification; (d) comments on the impact of the case, if any, on the project of the City or agency; and (e) recommendations of the Board, supported by specific findings of fact and conclusions of law to enable an adequate reconsideration by the agency.

(3) The concurring vote of a majority of the members of the Board present shall be sufficient to recommend affirmance, reversal or modification of any determination. No recommendation shall issue except upon a majority vote of the Board.

(Ord. 74-313)

(1) The agency responsible for the determination shall expeditiously proceed to give the report and recommendations of the Board all due consideration and shall, within thirty (30) days of their receipt, render a final determination on the matters appealed from.

(2) The final determination shall include the agency's decision on reconsideration of the claim, in light of the report and recommendations of the Board.

(3) The final determination shall include a statement of the factual and legal basis of the agency's decision, including any pertinent explanation or rationale for any conclusion which differs from the Board's report.

(4) If the claim is dismissed on grounds not reaching the merits of the claim or the substance of the Board's report, the agency shall issue a statement explaining the dismissal to the claimant.

(5) Notice of the final determination of the agency shall be sent promptly to the claimant, the Board and any other interested parties.

(Ord. 74-131)