Mono County Municipal Code Ch. 7.50 Department of Social Services General Assistance Policies and Procedure…

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Editor's note— Ord. No. 15-08, § 1(Att. A), November 10, 2015, amended Chapter 7.50 in its entirety to read as herein set out. Former Chapter 7.50, §§ 7.50.010—7.50.170, pertained to general assistance, and derived from Ord. No. 75-457; Ord. No. 83-457-A and Ord. No. 04-02, 2004.

A. The purpose of this chapter is to adopt those standards as set forth in the Welfare and Institutions Code Part 5, commencing with Section 17000. General assistance is to provide indigent legal residents of Mono County whose needs are not met by personal or other resources, and who are not employed or eligible for other public assistance with subsistence.

B. General Assistance benefits are considered to be a loan and must be repaid to the county. As a condition for granting general assistance, each applicant shall be required to sign an agreement to reimburse the county of Mono for such assistance if and when the recipient obtains the financial means for making such reimbursement.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. Authority for the administration of general assistance in Mono County is vested in the board of Supervisors pursuant to Section 17000 of the Welfare and Institutions Code. The department of social services shall prepare such procedures and adopt such forms for assistance as may be necessary to implement the provisions of these regulations.

Pursuant to Section 10850 of the Welfare and Institutions Code, all records established in accordance with these regulations shall remain confidential and shall be subject for inspection only in accordance with the provisions set forth in the same section of the Welfare and Institutions Code.

It is the intent of the board of supervisors that the general assistance program is to be administered in a manner that:

1. Is consistent with the provisions of the regulations;

2. Respects individual rights; and

3. Does not violate individual privacy or personal dignity nor discriminate any person on account of race, color, national origin, religion, political affiliation, gender, sexual orientation, marital status, age or disability.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

When used in this chapter, the following words and phrases shall have the meaning indicated below:

A. "Adequate/timely notice" means a written notice, effective the last day of the current month, informing the recipient of the action the county intends to take, the reasons for the intended action, the specific regulations supporting such action, an explanation of the applicant's/recipient's right to request an administrative hearing, and if appropriate, the circumstances under which aid will be continued if a hearing is requested. Adequate notice must be provided prior to the intended action. Timely notice is a written notice that is mailed to the person affected at least ten calendar days before the effective date of the action.

B. "Aid in cash" means a loan paid by the county check, warrant or voucher to an applicant/recipient for general assistance.

C. "Date of application" means the date the SAWS 1 Application is date stamped by the department of social services and shall be considered the beginning date of aid.

D. "Department" means the Mono County Department of Social Services.

E. "Destitute" means without funds or the ability to obtain funds for self-support.

F. "Director" means the director of the department of social services of the County of Mono.

G. "Employable" means capable of employment. An applicant/recipient of general assistance shall be assumed to be employable unless there is adequate evidence of a medical condition that prevents a person's ability to gain or maintain employment.

H. "Employment" means part-time or full-time work, including commission work or self-employment, whether or not income is generated.

I. "Applicant" is an individual or married couple, who is making a re-application for aid.

J. "Recipient(s)" is an individual, married couple, who is/are presently receiving aid.

K. "General assistance" is financial assistance to meet subsistence needs of indigent persons and is provided to eligible residents of Mono County who are either citizens of the United States or entitled to remain in the United States of America permanently. [See item B. above "aid in cash."]

L. "Good cause" means one or both of the following:

1. The applicant or recipient is suffering from a verified mental or physical disability; and/or

2. The applicant's or recipient's failure to comply with these regulations is directly attributable to county error.

M. "Income" is any benefit currently available to the applicant/recipient for subsistence, whether in cash or in kind.

N. "Medical licensed practitioner" means a licensed health care professional authorized by state law to diagnose and treat physical and/or mental impairments.

O. "Minor" means a person under the age of eighteen. "Legally emancipated minor" is a person under the age of eighteen who has entered into a valid marriage, whether or not the marriage has been dissolved, or has been declared legally emancipated by a court of competent jurisdiction. A legally emancipated minor is eligible to apply for general assistance.

P. "Resident" means a natural citizen or legally permanent resident of the United States of America who has legally resided in Mono County continuously for fifteen days immediately preceding his/her application with the intent to remain in Mono County.

Q. "Resources" include, but are not limited to, property, cash or services, which are available to the applicant for self-support.

R. "Responsible relative" means a person who is legally obligated to provide support for the applicant/recipient, such as a spouse or parent for a minor child. Exemptions for responsibility may be established if pursuing financial support from a spouse or parent may result in severe physical or emotional harm to the applicant/recipient as demonstrated by sufficient corroborative evidence, such as law enforcement reports or court orders.

S. "Sponsored alien" means a non-citizen for whom a sponsor has executed an affidavit of support. General assistance to a sponsored alien will be provided pursuant to Welfare and Institutions Code Section 17001.6 et seq. as those sections may be amended from time to time.

T. "Transient" means a person who is not a resident of Mono County.

U. "Undocumented alien" means a person living in the United States of America without legal permission from the United States Citizens and Immigration Services (USCIS).

V. "Waiver" means that a waiver of requirements can be granted based upon hardships such as a medical disability, no transportation, required care of a household member, or as determined by the department head. A request for a waiver must be submitted in writing together with the appropriate documentation in support of such waiver.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. Eligibility Requirements.

1. In order to be eligible for general assistance, an applicant must be a verified resident of California and Mono County when the application for general assistance is made. Residence is defined herein in accordance with Sections 17100 through 17105 of the Welfare and Institutions Code. Residency will be established if the applicant has resided in the county continuously for at least fifteen days preceding the application. If the applicant has no such verifiable residence, the county where the applicant last resided shall be responsible for providing assistance.

2. In order to be eligible for general assistance any and all applications and forms required by the department shall be completed under penalty of perjury.

3. An applicant is required to complete an in-person interview unless a waiver is submitted and granted.

4. An applicant for general assistance shall provide the department with the physical location of his or her residence. If the applicant does not have an available mailing address the Department will send the benefits to general delivery to the U.S. Post Office closest to the applicant's residence in the county.

5. An applicant must sign a declaration that he/she has continually resided in Mono County for fifteen days prior to aid being granted.

6. The department staff may make unscheduled home visits to verify the applicant's residence and other conditions of eligibility for general assistance.

7. No general assistance shall be paid to any applicant whose income is in excess of the general assistance standards of assistance established by this chapter or any regulations adopted pursuant to this chapter.

8. The department shall verify an applicant's eligibility for aid as expeditiously as possible, and in any case no later than thirty days from the date of receipt of a complete application. If eligibility cannot be established by the thirtieth day, due to fault of the applicant, including but not limited to, failure to provide verification of income or resources and failure to provide information about his or her place of residence, then the applicant will be presumed ineligible and the application will be denied.

9. If the applicant provides requested verification to establish eligibility after an application has been denied or discontinued the applicant will need to complete a new application.

10. All applicants and recipients are required to report any change which may affect their eligibility within ten calendar days of the occurrence. Failure to do so without good cause shall result in denial or discontinuance of eligibility. For purposes of this section, the changes that must be reported in a timely manner include but are not limited to:

a. Any change in income;

b. Any change in employment or the start or end of any employment or training;

c. Change in residence;

d. Change in membership of "family" or "household";

e. Payment of any expenses, including rent and utilities, by another person or entity;

f. Receipt, transfer, gift or sale of any personal property identified in Section 7.50.050;

g. Receipt, transfer, gift or sale of any real property or any interest in real property.

11. An applicant shall be deemed eligible when all eligibility requirements have been met. Upon a determination of eligibility, benefits shall commence on the date of application, as set forth in the definitions.

12. General assistance will not be paid until unemployment and/or state disability eligibility options have been exhausted. Applicants claiming inability to work due to a mental or physical disability are required to apply for Social Security Disability (SSA) and/or Supplemental Social Security Income (SSI)) and provide proof of a pending application and must cooperate with the Social Security Disability application process.

13. Recipients shall be required to complete and return a General Relief Eligibility Report, MCWD CA7, on a monthly basis and may be required to complete an in-person interview with the department, as directed.

B. Persons Ineligible for General Assistance.

1. The following persons are ineligible for General Assistance, in accordance with Welfare and Institutions Code Section 17016:

a. Any person fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing;

b. Any individual found to be in violation of a condition of probation or parole imposed under federal law or the law of any state.

2. Persons who are not eligible for aid under Chapter 2 (commencing with Section 11200) of Part 3 of the Welfare and Institutions Code as a result of the sixty-month limitation specified in subdivision (b) of Section 11454 shall not be eligible for aid or assistance under this section until all of the children of the applicant on whose behalf aid was received, whether or not currently living in the home with the applicant, are eighteen years of age or older.

3. Persons receiving aid under Chapter 2 (commencing with Section 11200) Part 3 of the Welfare and Institutions Code on behalf of an eligible child, but who is either ineligible for aid or whose needs are not otherwise taken into account in determining the amount of aid to the family pursuant to Section 11450 due to the imposition of a sanction or penalty.

4. Recipients receiving general assistance payments pending a disability determination from Social Security, that after exhausting all Social Security appeal rights, are found not disabled, shall be presumed capable of self-support and no longer eligible for General Assistance. These individuals will be required to payback all aid received in accordance with the terms stated herein.

5. Persons who refuse to sign an interim assistance (IA) repayment agreement (SSP 14) pending a disability determination from Social Security.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. An applicant or recipient must use all available personal property to support herself. Any applicant or recipient owning personal property in excess of the amounts specified herein shall be ineligible to receive general assistance:

1. Money/cash or the equivalent thereof, in an amount exceeding one hundred dollars.

2. Personal belongings, clothing and household goods in excess of one thousand dollars.

3. An interment space, crypt, or niche intended for the interment of the applicant or recipient of aid.

4. Funds placed in trust for funeral or burial expenses that exceeds one thousand dollars.

5. Insurance policies having actual cash surrender value that exceeds one thousand dollars.

6. One motor vehicle exceeding a wholesale fair market value, less encumbrances, of three thousand dollars as determined by the current Blue Book value.

7. Tools of the trade necessary to continue to seek employment or training in that trade shall be exempt from consideration. Tools of trade may include a personal computer if used by the applicant in employment or job/skills training.

8. Relocation benefits shall be exempt as provided by Section 704.180 of the Code of Civil Procedure.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. Real property used as a principle residence shall be exempt from resource consideration. Only one piece of real property used as a principle residence shall meet this requirement. The net market value of real property, not exempt as a principal residence, is a countable resource. The net market value of real property is the owner's equity in that property. The net market value shall be determined by subtracting the encumbrances of record from the market value.

B. As a condition of receipt of aid, and to secure the performance of the agreement to reimburse the county for any general assistance granted, an applicant shall be required to sign a grant of lien to the county on any existing or after-acquired real property of the applicant.

C. For a period of six months from the date of receipt, compensation received from a public entity which acquired for a public purpose a dwelling actually owned and occupied by a recipient shall be exempt from consideration as a resource of the applicant as provided by Section 704.730 of the Code of Civil Procedure.

D. No person shall be eligible for assistance if that person transferred property within six months of applying for general assistance if such property was transferred for the purpose of qualifying for assistance. The duration of ineligibility due to transfer of real property is the period during which a reasonable return for the applicant's equity in the property, had it been sold, would have supported the applicant.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. The Mono County Board of Supervisors has adopted a general assistance standard of aid to be paid to an applicant who shall be determined at the time of application and shall be calculated pursuant to Section 17000.5 of the Welfare and Institutions Code, and as may be amended from time to time.

B. Aid for an employable individual offered an opportunity to attend job skills or job training shall not be paid more than three months in any twelve-month period, whether or not the months are consecutive.

1. All clients that are employable will have an appointment with a Mono County Social Services Employment Training Worker to receive instructions on job search rules.

C. Aid in cash may be granted to meet the subsistence needs of an applicant. Aid in kind may be paid when deemed appropriate by the department. Aid shall be paid using a prospective individualized budget method. When granted, such aid shall begin as of the date on which the eligibility requirements are met.

1. The beginning date of aid shall be the date the SAWS 1 is date stamped by the department of social services.

D. Payment periods may be prorated from the application date.

E. The general assistance standard of aid shall be established in accordance with the current maximum aid payment levels established under the Cal WORKS program or successor.

F. The general assistance standard of aid shall be adjusted for any statutory increases, decreases, or reductions in the maximum aid level under the maximum aid payment levels program.

G. Applicants who share housing with one or more persons eighteen years or older shall have their general assistance reduced by the percentages set forth below:

1. Fifteen percent if the applicant shares housing with one other person.

2. Twenty percent if the applicant shares housing with two other persons.

3. Twenty-five percent if the applicant shares housing with three or more persons.

H. The general assistance standard of aid shall be reduced for the monthly actuarial value, up to forty dollars per month for in-kind value of medical care provided.

In-kind-values:

1. Only the applicant or recipients share of the current items of need shall be provided up to the maximum value of the in-kind value of the in-kind aid, whichever is less.

In-kind cash values shall be:

1. Ten percent of the maximum aid payment for clothing or personal needs;

2. Eleven percent of the maximum aid payment for transportation;

3. Fifty percent of the maximum aid payment for housing;

4. Seventeen percent of the maximum aid payment for utilities;

5. Twelve percent of the maximum aid payment for food.

I. A general assistance applicant may receive aid for housing and utility needs subject to the following:

1. Receipts for housing costs and utilities must be provided by the recipient to the department on a monthly basis. If receipts are not provided the general assistance grant will be reduced by the above standard amounts. Campground fees will qualify as household costs eligible for GA in accordance with regulations [Sections] 7.50.040 A1, A3, and A4.

2. If a recipient finds housing, but needs help to secure such, the housing and utility allowance will be provided for that month. Verification of the housing arrangement must be provided prior to issuance of these need payments. Verification shall include one of the following:

a. A copy of a rental agreement;

b. A written confirmation from the landlord; or

c. The department may attempt telephone contact with the landlord, with the consent of the recipient.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. Purpose. The purpose of this provision is to provide for the transportation of non-residents of the county to their place of residence pursuant to Welfare and Institutions Code Section 17003.

B. Verification of Residence. Persons who apply for assistance under the provisions of this section who are determined by the department to be non-residents of the county shall have their place of residence verified if it is administratively feasible to do so.

C. Transportation of Non-Residents. Persons determined to be non-residents of the county may, upon the director's approval, be provided with transportation to their legal residence. An allowance for transportation shall be provided by means of vendor payment. The allowance shall be limited to the lowest cost means of transportation available.

D. Additional Assistance. At the sole discretion of the director, additional emergency assistance may be provided to dependent non-residents if it is determined that the assistance is necessary to protect the health and welfare of the person in need of assistance.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. Mono County may require adult applicants/recipients of benefits under the general assistance to undergo screening for substance abuse when it is determined by the county that there is reasonable suspicion to believe that an individual is dependent upon illegal drugs or alcohol. The county shall maintain documentation of this finding.

B. As a condition to the receipt of aid, any person identified as being dependent upon illegal drugs or alcohol shall be assessed to determine if there is a need for treatment. If a need for treatment is determined the applicant/recipient shall be required to participate in a substance abuse or alcohol treatment program if such program is actually available at no charge to the applicant or recipient.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. The liability of the responsible relatives for the repayment of general assistance granted to a person pursuant to these regulations shall be determined in accordance with Section 17300 of the Welfare and Institutions Code. Upon determination by the director that a responsible relative has the financial ability to support a general assistance applicant/recipient in whole or in part, the director may proceed against the responsible relative in the manner provided by law.

B. Refusal of an applicant or recipient too identify and sign authorizations necessary to locate responsible relatives without good cause or without a reason deemed appropriate by the director shall result in a denial or discontinuance of general assistance.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

No person under the age of eighteen years old shall be entitled to receive assistance under the provisions of this chapter, except for emergency relief, unless the person is a legally emancipated minor.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. Income.

1. The amount of income from any source expected to be received by a client will be deducted from the general assistance grant otherwise payable on a dollar for dollar basis. If the current months grant has been issued already, then the income shall be deducted from the future month's total budgetary need. If the income actually received in any month is less than anticipated, a supplemental grant may be issued.

2. All cases shall be reviewed by the department for possible eligibility for income from every source. The applicant/recipient shall be required to apply for all other income and benefits for which entitlement may exist, including, but not limited to, unemployment benefits, disability benefits, and veterans benefits. If possible eligibility exists for any income or benefits, any refusal to apply for such income and benefits shall result in ineligibility for general assistance.

B. Other Financial Resources.

1. The department shall explore all possible financial resources of an applicant/recipient of general assistance. Refusal of an individual to sign the necessary authorizations to investigate such resources shall result in denial or discontinuance of general assistance.

2. All available resources must be utilized by the applicant/recipient. Any reasonable offer by any person of any basic need item to an applicant or recipient is considered to be an available resource. Acceptance of such an offer is an eligibility requirement. All income, both cash and in-kind, and all resources, both public and private, to meet actual basic needs shall be considered in determining eligibility for general assistance.

3. Provided that a notice has been mailed to the recipient at least ten calendar days prior to any such action, the county may deduct all anticipated monies to be received by the applicant in the budget month from appropriate maximum aid payment for that household, which may result in ineligibility for general assistance program.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. All applicants for general assistance shall undergo either a job assessment and/or a mental health status evaluation as provided by the behavioral health services department. A physical examination may be required if determined necessary by the department for the purposes of establishing employability, scope of any disability, or incapacitation. The cost of such physical examination shall be paid for by the department. The department shall determine how, where and by whom such assessments, evaluation or examinations are to be accomplished. All recipients are required to provide a complete Eligibility and Income Report (Form CA7) on a monthly basis. Failure to do so without good cause or without substantial justification as determined by the director will result in the discontinuance of eligibility

B. The applicant's/recipient's employability status shall be periodically reevaluated by the department to determine whether such recipient is subject to the three-month eligibility limit for employable persons.

C. No applicant shall be eligible for participation in the general assistance program when he or she has voluntarily quit employment without substantial cause ninety days prior to the application. Determination of substantial cause shall be made by the department.

D. General assistance recipients shall be certified for three-month periods. Those individuals receiving general assistance based on a disability will be reevaluated on a quarterly basis. Any and all forms or applications required by the department for reevaluation must be submitted to the department for the recipient to continue to receive benefits. All applicants and/or recipients shall make all reasonable attempts to seek medical treatment to end disability.

E. Unless it is verified that the applicant or recipient is disabled and unable to seek full or part-time employment, the applicant shall be deemed employable. If an applicant is found to be employable for performance of full-time or part-time work, if work were available, the applicant shall receive General Assistance only on the following conditions, and, for no longer than three months in any twelve-month period:

1. The applicant/recipient must provide continuing evidence satisfactory to the department that he or she is making regular, reasonable and valid attempts to obtain employment. The applicant/recipient must contact a minimum of five employment contacts per week and provide verification on the required work search form. Such Form must be provided to the department as directed. Recipients shall be required to comply with reasonable requests of the department to maintain standards acceptable to average prospective employers with respect to personal appearance, dress and cleanliness. Willful failure to comply with reasonable department regulations and directions designed to assist the recipient in his or her effort to find employment shall result in a determination that the recipient is not making reasonable and valid attempts to obtain employment, and will result in termination from the general assistance program.

2. The applicant must accept any reasonable offer of employment or salaried work or training. Refusal to accept such an offer without a valid substantiated reason shall be cause for discontinuation of general assistance.

3. The applicant/recipient must participate in applicable job skills/job training sessions when so requested by the department, and is expected to avail themselves of all employment services offered by the department.

4. An employable recipient shall be disqualified from receiving further general assistance for the period of time indicated below upon his or her willful failure to comply with any department conditions or request or any reasonable requests of the director. The time of ineligibility shall begin upon the date of notice of discontinuance or ineligibility. Failure to comply exists when the employable recipient fails or refuses to participate in a job training program, refuses to search for employment, fails to report to assigned work or training referrals, is discharged from employment or training because of his or her failure to comply with work or training requirements, or other justifiable reasons. Three acts of negligent failure to comply with these requirements shall constitute a willful act.

a. First act of willful non-compliance within any twelve-month period will result in a ninety-day period of disqualification.

b. Second act of willful non-compliance within any twelve-month period will result in a one hundred eighty-day period of disqualification.

5. Use of alcohol, drugs, or narcotics shall not constitute an excuse for failure to comply with work requirements or in the determination of employability, and failure to comply with program requirements based on use of alcohol, drugs or narcotics shall be deemed willful non-compliance.

6. Nothing contained in this article shall require a recipient to accept or continue employment under conditions which deprive him of legal rights to wages or working conditions as set forth below:

a. Unemployment while on a bona fide strike as determined by the state employment development.

b. Employer discrimination based on age, race, sex, color, handicap, religion, national origin, sexual orientation, or political beliefs.

c. Work demands or conditions that render continued employment unreasonable.

d. Employment at an unreasonable travel distance to the job site.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

When an investigation discloses that general assistance was fraudulently procured, the department shall notify the recipient of his/her obligation to repay all such amounts forthwith. The department shall impose a sanction until repayment occurs or two years, whichever is longer. The department shall take whatever action is necessary to obtain repayment and all cases of suspected perjury or fraud shall be promptly referred to the district attorney for investigation and appropriate action. An act of fraud involves any knowing and intentional intent to deceive or defraud the department in order to gain general assistance, including, but not limited to, the making of false written or oral statements and the failure to disclose information required pursuant to this chapter or as requested by the department.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. A person's eligibility to receive general assistance shall not be established until the person has signed an agreement to reimburse to county for all assistance provided under the provisions of this chapter. This condition of eligibility may not apply for receipt of emergency assistance.

B. A person who receives general assistance under the provisions of this chapter shall reimburse the county for all assistance granted upon termination of the assistance, or at such a time as the recipient possesses resources beyond those needed for independent maintenance. Upon termination of assistance, the department will be authorized to commence collection action.

C. All applicants/recipients with applications pending for supplemental security income/state supplemental program (SSI/SSP), workers' compensation, or any comparable program shall be required to sign an agreement to reimburse the county for any general assistance that is granted while any such application is pending.

D. A person's eligibility to receive general assistance shall not be established until the person has signed a lien presented to him or her on any property currently owned by the person, or which is acquired by the person in the future, unless exempt under state law, as security for the performance of the agreement to reimburse the county for any general assistance granted pursuant to the provisions of this chapter.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

A. Prior to termination, reduction or denial of general assistance to any recipient, the department shall notify the recipient of the intended action. If an overpayment or underpayment has been made to the recipient, the department shall notify the recipient of any intended action. Such notice shall be given in writing to the recipient at least ten calendar days prior to the appropriate action, shall state the reasons for the proposed action, and shall advise that the recipient may request a hearing within thirty calendar days from the date of the notice. If the request for a county hearing concerns the current calculation of the amount of aid, the request must be filed within thirty calendar days of the county action.

B. Request for County Hearing. In accordance with the procedures set forth, a county hearing is available to a claimant who is dissatisfied with a county action and requests a hearing. "County action" shall include all actions which require adequate notice and any other county action or inaction concerning the claimants' application for or receipt of aid. A request for a county hearing shall be in writing and shall state the basis for the hearing request. The request must be filed at the Department office. A request for hearing may be made in any written form. However, claimants are encouraged to use the reverse side of the Notice of Action form series. If an interpreter will be necessary, the claimant should so indicate in the hearing request.

C. County Hearing Responsibility. A county hearing is an informal administrative hearing whereby a claimant who is dissatisfied may obtain an impartial review of an agency action. These regulations shall be interpreted in a manner which protects the claimant's right to due process. The responsibility for providing a full and impartial hearing to the claimant rests with the county. The county has a responsibility to:

1. Investigate the case and assist the claimant prior to the hearing;

2. Inform the claimant of his/her right to have an authorized representative appear with or for the claimant;

3. Provide the claimant with a written county position statement prior to the hearing;

4. Present the county position during the hearing;

5. Arrange for the attendance at the hearing of any department employee requested by the claimant or his/her authorized representative and to allow the claimant the right of confrontation and cross-examination of any Department employee who has knowledge of the claimant's file or determine the action the claimant is appealing;

6. Provide an impartial hearing officer from the program manager level or above with no previous involvement in the case and who is familiar with the department regulations and principles of administrative law;

7. Provide a written decision, within sixty days of the request for a county hearing, to the claimant, which includes reference(s) to the authority on which the decision is based; and

8. If the applicant/recipient or authorized representative is dissatisfied with any determination made by the hearing officer, assist the applicant in requesting a final appeal with the director.

Aid Paid Pending: When a claimant is receiving assistance files a request for a hearing with ten days from the date the notice of action was mailed, aid shall be continued until the hearing decision in the amount that the claimant would have been paid had the proposed action not been taken. Aid will cease being paid pending the hearing if the claimant withdraws or abandons the appeal, the hearing is continued by the claimant without substantial cause, or is determined by the director in due regard for the claimant's right to due process. If claimant's appeal is denied, any aid paid pending the appeal shall be repaid to the county forthwith.

D. Time Limit on Request for County Hearing. The request for a county hearing must be filed no more than thirty calendar days after the date of the county action with which the claimant is dissatisfied. If the claimant received adequate notice of the county action, the date of the county action shall be the date on which the notice was mailed to the claimant. In all other cases, the date of the county action or inaction shall be considered to be the date the county action was discovered. The date of discovery is the date the claimant knew, or should have known, of the action.

E. Authorized Representative. The claimant 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. If the claimant is not present at the hearing, the person may be recognized as the claimant's authorized representative if, at the hearing, the person swears or affirms under penalty of perjury that the claimant has so authorized him or her to act as the claimant's authorized representative, and the hearing officer determines there is reasonable cause for the absence of the claimant. The hearing officer may attempt to verify the authorization by attempting to contact the claimant or any other source. In all such cases a written authorization must be submitted after the hearing to ratify the representation. When the claimant 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 claimant.

F. Overpayments.

General: An overpayment is that amount of an aid payment a household received to which it is not eligible. An overpayment may be all or a portion of an aid payment. Aid paid pending a fair county hearing decision is a recoverable overpayment except to the extent that the claim is upheld at hearing. The department shall take all steps necessary to correct or collect any overpayment that are known to the county, including recovery of overpayments due to either applicant/recipient and/or county administrative errors.

1. Calculating the Overpayment. When the information indicates that an overpayment may have occurred, the department shall take the following actions:

a. Balancing. When a household has both an overpayment and underpayment, the department shall offset one against the other.

b. Grant Adjustment. If an overpayment is to be recovered by grant adjustment, the following method shall be used:

i. The overpayment shall be recouped from the succeeding months grant.

ii. If the above adjustments have not recouped the entire overpayment, then the overpayment is applied to succeeding month(s) and the grant adjustment is repeated.

c. For client caused fraud overpayments the client shall be sanctioned until overpayment is paid in full.

i. The household is not required to fulfill any voluntary agreement they enter into and may suspend at any time payments they have agreed to make.

d. Demand for Repayment. The department shall demand, in writing, repayment of any amount not recovered by grant adjustment, or otherwise repaid.

G. Change in Household Composition. The department shall initiate collection action against any or all of the adult members of a household which received an overpayment for which a claim was established. If a change in household composition occurs, the department shall initiate collection action against any or all households which contained an adult member who was an adult member of the original household that received an overpayment.

1. Terminating Collection of Claims. The department shall be permitted to terminate collection action on any overpayment if it has documentation that the household cannot be located.

H. Underpayments.

General: Underpayments occur when the applicant or recipient receives less than the amount to which he/she are entitled in a given month or months. The department shall take all reasonable steps necessary to promptly correct any underpayment that comes to the department attention, provided the household is currently eligible for general assistance program. In order to be eligible for assistance, an application must be made.

1. Calculating the Underpayment. Calculating the correct grant for each month in question, compare the correct grant to the amount actually paid to the recipient for each month; and if the amount paid to the recipient in any month is less than the correct grant for that month, an underpayment exists.

2. Corrections of the Underpayment. If a household has both an underpayment and an overpayment, the county shall balance one against the other before making a corrective payment. For the purposes of determining continued eligibility and amount of assistance, retroactive payments shall not be considered as income or as a resource in the month received.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)

Pursuant to Section 17009 of the Welfare and Institutions Code and Section 7104 of the Health and Safety Code, the disposition of the remains of deceased indigent residents of Mono County shall be paid by the county and shall be provided as follows:

A. When an indigent resident of Mono County becomes deceased and no provision is made by the decedent and the estate of the decent is insufficient to provide for the interment, and where no person in the state can be found who is legally responsible for the interment of the indigent decedent, the person who has custody of the remains of the decedent may require the coroner of the county to take possession of the remains. The coroner shall inter the remains in the manner provided for the interment of the indigent dead.

B. When the county is in accordance with these provisions, responsible for the disposition of the remains of an indigent decedent, the cost associated with the disposition of the remains shall be borne by the county. The interment of an indigent of Mono County will be pursuant to a contract between the county and a local mortuary.

C. The county will take all efforts to mitigate any and all costs of the indigent burial and shall take all reasonable action to locate any persons or entities responsible for the interment of the deceased indigent resident.

(Ord. No. 15-08, § 1(Att. A), 11-10-2015)