El Dorado County Municipal Code Art. IX Due Process Procedures for General Assistance

A County hearing is a form of administrative hearing whereby dissatisfied applicants and recipients may obtain an impartial review of an Agency action. Since the right to request a County hearing belongs to the applicant and recipient, the following regulations shall be interpreted in a manner which protects the applicant's and recipient's right to a hearing. The responsibility for providing a full and impartial hearing to the applicant and recipient rests with the County. The County has a responsibility to:

A. Investigate the case and assist the applicant and recipient prior to the hearing;

B. Inform the applicant and recipient of his or her right to have an authorized representative;

C. Provide the applicant and recipient with a written County position statement prior to the hearing;

D. Present the County position during the hearing;

E. Arrange for the attendance at the hearing of any Agency employee requested by the applicant and recipient or his or her authorized representative and to allow the applicant and recipient the right of cross examination;

F. Provide an impartial hearing officer from the supervisory level or above;

G. Provide for recording of the hearing, and in case of judicial review, to provide transcripts to the recipient or applicant if requested;

H. Provide a written decision, within 60 days of a request for a County hearing, to the applicant and recipient which includes a reference to the legal statutes on which the decision is based.

(Code 1997, § 2.63.400)

A. The applicant and recipient may authorize a representative to represent him or her at the hearing by signing a written statement to that effect or by stating at the hearing that the person is so authorized. The authorization may be limited to scope or duration by the applicant and recipient and may be revoked at any time.

B. If the applicant and recipient has not authorized the representative in writing and is not present at the hearing, the person may be recognized as the authorized representative if, at the hearing, the person swears or affirms under penalty of perjury that the applicant and recipient has so authorized him or her to act as the applicant's and recipient's authorized representative, the hearing officer further determines the person is so authorized and the hearing officer determines there is reasonable cause for the absence of the applicant and recipient. The hearing officer may make the determination by contacting a collateral source (i.e., the applicant and recipient). In all such cases, a written authorization must be submitted after the hearing.

C. Whenever the applicant and recipient is represented by an authorized representative, the authorized representative shall be furnished a copy of all notices and decisions concerning the County hearing which are provided to the applicant and recipient.

D. After a person or organization has been authorized to represent the applicant and recipient, and after the County has received notification of the authorization and until relocation of the authorization, the County shall send copies of any subsequent correspondence that it has with the applicant and recipient regarding the County hearing to the authorized representative.

(Code 1997, § 2.63.430)

A. Except as provided in Subsection B of this section, when the applicant and recipient files a request for a County hearing within ten days from the date the notice was mailed, aid shall be continued until the hearing decision in the amount that the applicant and recipient would have been paid if the proposed action had not been taken.

B. Exceptions to aid pending.

1. Aid pending a hearing shall not apply in all situations as defined under Section 8.84.070.

2. Aid pending shall cease when:

a. The applicant and recipient withdraws or abandons the request for a County hearing. If the withdrawal is conditional, the County shall provide aid pending retroactively and prospectively if the request for a hearing is subsequently reinstated; provided that the applicant and recipient has complied with conditions set forth in the agreement accompanying the conditional withdrawal;

b. The hearing officer determines that the issue involved in such hearing is one of law or change in law and not one of incorrect application of law;

c. If the request for hearing involves multiple issues, and if for any issue it is not appropriate to pay aid (aid paid pending or "APP") pending the hearing, aid shall not be paid;

d. The applicant and recipient voluntarily and knowingly, in writing, waived the continuation of aid. The County representative may explain to the applicant and recipient the right to waive aid pending. However, a request for such waiver is prohibited;

e. The applicant and recipient requests a postponement of the hearing for a reason that does not constitute a good cause;

f. The case has been rescheduled after the applicant and recipient or authorized representative failed to appear for a reason that does not constitute good cause.

C. Nothing in this section shall prohibit the County from instituting any appropriate changes in the applicant's and recipient's grant while a county hearing is pending; provided that the basis of the proposed action is different from the action upon which the applicant and recipient is receiving APP. However, all such actions are otherwise subject to the provisions of this section.

(Code 1997, § 2.63.470)

Notice of the time and place of hearing shall be given in writing to the applicant and recipient or his or her representative not less than seven days prior to the hearing.

(Code 1997, § 2.63.495)

A. Attendance at the hearing shall be limited to those directly concerned. The Hearing Officer shall exclude unauthorized persons from the hearing unless the applicant and recipient agrees to their presence, and the Hearing Officer determines that their presence will not be adverse to the hearing. Appearance by the applicant and recipient in person or by the authorized representative is required at the hearing. The Hearing Officer may exclude a witness during the testimony of other witnesses; however, both the County and applicant and recipient have the right to have a representative present throughout the hearing. The Hearing Officer shall have the authority to exclude persons who are disruptive of the hearing.

B. The hearing shall be conducted in an impartial manner. All testimony shall be submitted under oath, affirmation, or penalty of perjury.

C. The proceedings at the hearing shall be reported by tape recorder or otherwise perpetuated by mechanical, electronic, or other means capable of reproduction or transcription.

D. The issues at the hearing shall be limited to those issues which are reasonably related to the request for hearing or other issues identified by either the County or applicant and recipient which they have jointly agreed, either prior to the hearing, or at the hearing to discuss.

E. When notice is an issue.

1. If the applicant and recipient contends that he or she did not receive adequate notice, this issue may be resolved by the hearing officer at the hearing.

2. If the Hearing Officer determines that adequate notice was provided, the applicant and recipient must agree to discuss the substantive issue or issues or the case shall be dismissed.

3. If the Hearing Officer determines that adequate notice was not provided, the case shall be postponed unless the applicant and recipient waives the adequate notice requirement and agrees to discuss the substantive issue or issues at the hearing. If the notice was not adequate and involved termination or reduction of aid, aid shall be reinstated retroactively to the extent the applicant and recipient is determined entitled thereto.

F. An interpreter shall be provided by the County if, prior to the hearing, a party requests an interpreter, or if, at the hearing, the Hearing Officer determines that an interpreter is necessary.

G. The rights of the applicant and recipient and the County shall include:

1. The right to examine parties and witnesses;

2. The right to conduct such cross examination as may be required for a full disclosure of the facts;

3. The right to introduce exhibits;

4. The right to examine all documents prior to and during the hearing;

5. The right to question opposing witnesses and parties on any matter relevant to the issues even though that matter was not covered in the direct examination;

6. The right to make oral or written argument; and

7. The right to rebut the evidence.

(Code 1997, § 2.63.500)

A. All documents submitted by either the applicant and recipient or the County must be made available to both parties. Copies of all such documents must be provided to the applicant and recipient free of charge.

B. Merits of a pending County hearing shall not be discussed between the Hearing Officer and a party outside the presence of the other party.

(Code 1997, § 2.63.510)

Failure to appear for a hearing is considered abandonment and the County shall proceed with the intended action.

(Code 1997, § 2.63.515)

A. Within ten days from the conclusion of the hearing, the Hearing Officer shall submit a proposed decision to the Agency Director.

B. The Agency Director shall within ten days of the date the proposed decision is submitted:

1. Adopt and sign the proposed decision;

2. After review of the entire record, adopt and sign a decision different from a proposed decision and setting forth the reasons why the decision is different from the proposed decision.

(Code 1997, § 2.63.520; Ord. No. 4432, 1997)