SECTIONS 10950-10967

10950.  If any applicant for or recipient of public social servicesis dissatisfied with any action of the county department relating tohis or her application for or receipt of public social services, ifhis or her application is not acted upon with reasonable promptness,or if any person who desires to apply for public social services isrefused the opportunity to submit a signed application therefor, andis dissatisfied with that refusal, he or she shall, in person orthrough an authorized representative, without the necessity of filinga claim with the board of supervisors, upon filing a request withthe State Department of Social Services or the State Department ofHealth Services, whichever department administers the public socialservice, be accorded an opportunity for a state hearing. Priority in setting and deciding cases shall be given in thosecases in which aid is not being provided pending the outcome of thehearing. This priority shall not be construed to permit or excuse thefailure to render decisions within the time allowed under federaland state law. Notwithstanding any other provision of this code, there is noright to a state hearing when either (1) state or federal lawrequires automatic grant adjustments for classes of recipients unlessthe reason for an individual request is incorrect grant computation,or (2) the sole issue is a federal or state law requiring anautomatic change in services or medical assistance which adverselyaffects some or all recipients. For the purposes of administering health care services and medicalassistance, the State Director of Health Services shall have thosepowers and duties conferred on the Director of Social Services bythis chapter to conduct state hearings in order to secure approval ofa state plan under applicable federal law. The State Director of Health Services may contract with the StateDepartment of Social Services for the provisions of state hearings inaccordance with this chapter. As used in this chapter, "recipient" means an applicant for orrecipient of public social services except aid exclusively financedby county funds or aid under Article 1 (commencing with Section12000) to Article 6 (commencing with Section 12250), inclusive, ofChapter 3 of Part 3, and under Article 8 (commencing with Section12350) of Chapter 3 of Part 3, or those activities conducted underChapter 6 (commencing with Section 18350) of Part 6, and shallinclude any individual who is an approved adoptive parent, asdescribed in subdivision (C) of Section 8708 of the Family Code, andwho alleges that he or she has been denied or has experienced delayin the placement of a child for adoption solely because he or shelives outside the jurisdiction of the department.10951.  (a) No person shall be entitled to a hearing pursuant tothis chapter unless he or she files his or her request for the samewithin 90 days after the order or action complained of. (b) (1) Notwithstanding subdivision (a), a person shall beentitled to a hearing pursuant to this chapter if he or she files therequest more than 90 days after the order or action complained ofand there is good cause for filing the request beyond the 90-dayperiod. The director may determine whether good cause exists. (2) For purposes of this subdivision "good cause" means asubstantial and compelling reason beyond the party's control,considering the length of the delay, the diligence of the partymaking the request, and the potential prejudice to the other party.The inability of a person to understand an adequate and languagecompliant notice, in and of itself, shall not constitute good cause.In no event shall the department grant a request for a hearing wherethe request is filed more than 180 days after the order or actioncomplained of. (3) Nothing in this section shall preclude the application of theprinciples of equity jurisdiction as otherwise provided by law. (c) Notwithstanding the Administrative Procedure Act (Chapter 3.5(commencing with Section 11340) of Part 1 of Division 3 of Title 2 ofthe Government Code), the department shall implement this sectionthrough an all-county information notice no later than January 1,2008. The department may also provide further instructions throughtraining notes.10952.  The department shall set the hearing to commence within 30working days after the request is filed, and, at least 10 days priorto the hearing, shall give all parties concerned written notice ofthe time and place of the hearing.10952.5.  If regulations require a public or private agency to writea position statement concerning the issues in question in a fairhearing, or if the public or private agency chooses to develop such astatement, not less than two working days prior to the date of ahearing provided for pursuant to this chapter, the public or privateagency shall make available to the applicant for, or recipient of,public social services requesting a fair hearing, a copy of thepublic or private agency's position statement on the forthcominghearing. The public or private agency shall make the copy availableto the applicant or recipient at the county welfare department. Apublic or private agency shall be required to comply with theprovisions of this section only if the public or private agency hasreceived a 10-day prior notice of the date and time of the scheduledhearing. If the public or private agency does not make the positionstatement available not less than two working days prior to thehearing or if the public or private agency decides to modify theposition statement, the hearing shall be postponed upon the requestof the applicant or recipient, provided an applicant or recipientagrees to waive the right to obtain a decision on the hearing withinthe deadline that would otherwise be applicable under regulations. Apostponement for reason of the public or private agency not makingthe position statement available within not less than two workingdays shall be deemed a postponement for good cause for purposes ofdetermining eligibility to any applicable benefits pendingdisposition of the hearing. For purposes of this section "public or private agency" shall notinclude the State Department of Health Services.10953.  A hearing under this chapter shall be conducted byadministrative law judges employed by the department, unless thedirector orders that it shall be conducted by himself or herself.However, the director may contract with the Office of AdministrativeHearings to conduct hearings. Chapter 5 (commencing with Section 11500) of Part 1 of Division 3of Title 2 of the Government Code shall not apply to any hearingconducted under this chapter.10953.5.  (a) The director has authority to appoint the department'sadministrative law judges as provided in Section 10555. (b) Each administrative law judge shall have been admitted topractice law in this state and shall possess any other qualificationsprescribed by the State Personnel Board. All persons in the officeof the chief referee employed as hearing officers by the departmentprior to the effective date of this section shall be deemed to beadministrative law judges.10954.  The director or administrative law judge conducting thehearing, shall have all of the powers and authority conferred uponthe head of a department in Article 2 (commencing with Section 11180)of Chapter 2 of Part 1 of Division 3 of Title 2 of the GovernmentCode.10955.  The hearing shall be conducted in an impartial and informalmanner in order to encourage free and open discussion byparticipants. All testimony shall be submitted under oath oraffirmation. The person conducting the hearing shall not be bound byrules of procedure or evidence applicable in judicial proceedings. Atthe hearing the applicant or recipient may appear in person withcounsel of his own choosing, or in person and without such counsel.10956.  The proceedings at the hearing shall be reported by aphonographic reporter or otherwise perpetuated by mechanical,electronic, or other means capable of reproduction or transcription.10957.  The person conducting the hearing, upon good cause shown,may continue the hearing for a period of not to exceed 30 days. Whenthe refusal of a county to accept a signed application for aid orservices is an issue, the director may require the county to acceptthe application, and may continue the case until the results of theinvestigation have been reported to him or her. In any such case inwhich aid is awarded by the director or his or her designee, thepayments shall commence at the time indicated by the director or hisor her designee.10958.  If the hearing is conducted by an administrative law judge,he or she shall prepare a fair, impartial, and independent proposeddecision, in writing and in such format that it may be adopted as thedirector's decision and, after approval of the decision by the chiefadministrative law judge of the department, the chief administrativelaw judge shall file a copy of the proposed decision, within 75 daysafter the conclusion of the hearing, with the director.10958.1.  The issues at the hearing shall be limited to those issueswhich are reasonably related to the request for hearing or otherissues identified by either party which they have mutually agreed,prior to or at the hearing, to discuss. All of those issues shall beaddressed in the hearing decisions.10959.  Within 30 days after the department has received a copy ofthe administrative law judge's proposed decision, the director mayadopt the decision in its entirety; decide the matter himself orherself on the record, including the transcript, with or withouttaking additional evidence; or order a further hearing to beconducted by himself or herself, or another administrative law judgeon behalf of the director. Failure of the director to adopt theproposed decision, decide the matter himself or herself on therecord, including the transcript, with or without taking additionalevidence or order a further hearing within the 30 days shall bedeemed an affirmation of the proposed decision. If the directordecides the matter, a copy of his or her decision shall be served onthe applicant or recipient and on the affected county, and, if his orher decision differs materially from the proposed decision of theadministrative law judge, a copy of that proposed decision shall alsobe served on the applicant or recipient and on the affected county.If a further hearing is ordered, it shall be conducted in the samemanner and within the same time limits specified for the originalhearing.10960.  (a) Within 30 days after receiving the decision of thedirector, which is the proposed decision of an administrative lawjudge adopted by the director as final, a final decision rendered byan administrative law judge, or a decision issued by the directorhimself or herself, the affected county or applicant or recipient mayfile a request with the director for a rehearing. The director shallimmediately serve a copy of the request on the other party to thehearing and that other party may within five days of the service filewith the director a written statement supporting or objecting to therequest. The director shall grant or deny the request no later thanthe 35th working day after the request is made to ensure the promptand efficient administration of the hearing process. If the directorgrants the request, the rehearing shall be conducted in the samemanner and subject to the same time limits as the original hearing. (b) The grounds for requesting a rehearing are as follows: (1) The adopted decision is inconsistent with the law. (2) The adopted decision is not supported by the evidence in therecord. (3) The adopted decision is not supported by the findings. (4) The adopted decision does not address all of the claims orissues raised by the parties. (5) The adopted decision does not address all of the claims orissues supported by the record or evidence. (6) The adopted decision does not set forth sufficient informationto determine the basis for its legal conclusion. (7) Newly discovered evidence, that was not in custody oravailable to the party requesting rehearing at the time of thehearing, is now available and the new evidence, had it beenintroduced, could have changed the hearing decision. (8) For any other reason necessary to prevent the abuse ofdiscretion or an error of law, or for any other reason consistentwith Section 1094.5 of the Code of Civil Procedure. (c) The notice granting or denying the rehearing request shallexplain the reasons and legal basis for granting or denying therequest for rehearing. (d) The decision of the director, which is the proposed decisionof an administrative law judge adopted by the director as final, afinal decision rendered by an administrative law judge, or a decisionissued by the director himself or herself, remains final pending arequest for a rehearing. Only after a rehearing is granted is thedecision no longer the final decision in the case. (e) Notwithstanding any other provision of law, a rehearingrequest or decision shall not be a prerequisite to filing an actionunder Section 10962. (f) (1) Notwithstanding subdivision (a), an applicant or recipientotherwise may be entitled to a rehearing pursuant to this chapter ifhe or she files a request more than 30 days after the decision ofthe director is issued, or if he or she did not receive a copy of thedecision of the director, or if there is good cause for filingbeyond the 30-day period. The director may determine whether goodcause exists. (2) For purposes of this subdivision, "good cause" means asubstantial and compelling reason beyond the party's control,considering the length of the delay, the diligence of the partymaking the request, and the potential prejudice to the other party.The inability of a person to understand an adequate andlanguage-compliant notice, in and of itself, shall not constitutegood cause. The department shall not grant a request for a hearing ifthe request is filed more than 180 days after the order or actioncomplained of. (3) This section shall not preclude the application of theprinciples of equity jurisdiction as otherwise provided by law. (g) Notwithstanding the Administrative Procedure Act (Chapter 3.5(commencing with Section 11340) of Part 1 of Division 3 of Title 2 ofthe Government Code), the department shall implement this sectionthrough an all-county information notice no later than January 1,2008. The department may also provide further instructions throughtraining notes.10961.  The decision of the director need not specify the amount ofthe award to be paid unless the amount of the award is an issue. Ifthe decision is in favor of the applicant or recipient, the countydepartment shall pay to the applicant or recipient, without thenecessity of establishing his or her present need, the amount of aidthe director finds he or she is entitled to receive pursuant to thedirector's decision, payment to commence as of the date the personwas first entitled thereto, or grant to him or her the services towhich he or she is entitled. The award shall be determined no later than 30 days following thedate that the hearing decision is received by the county, or 30 daysfrom the date the additional information needed for compliance withthe decision is provided to the county. After the award is made, thecounty and the claimant shall be notified by the department of itsdetermination regarding the county's compliance with the decision.10962.  The applicant or recipient or the affected county, withinone year after receiving notice of the director's final decision, mayfile a petition with the superior court, under the provisions ofSection 1094.5 of the Code of Civil Procedure, praying for a reviewof the entire proceedings in the matter, upon questions of lawinvolved in the case. Such review, if granted, shall be the exclusiveremedy available to the applicant or recipient or county for reviewof the director's decision. The director shall be the sole respondentin such proceedings. Immediately upon being served the directorshall serve a copy of the petition on the other party entitled tojudicial review and such party shall have the right to intervene inthe proceedings. No filing fee shall be required for the filing of a petitionpursuant to this section. Any such petition to the superior courtshall be entitled to a preference in setting a date for hearing onthe petition. No bond shall be required in the case of any petitionfor review, nor in any appeal therefrom. The applicant or recipientshall be entitled to reasonable attorney's fees and costs, if heobtains a decision in his favor.10963.  The county director shall comply with and execute everydecision of the director rendered pursuant to this chapter.10964.  The department shall compile and distribute to each countydepartment a current digest of decisions, properly indexed, renderedunder this chapter, and each such digest shall be open to publicinspection, subject, however, to the confidentiality requirements setforth in federal and state laws and regulations.10965.  Nothing in this chapter shall prevent the filing of therequest for a hearing by the legal representative, or, if there is noauthorized legal representative, by an heir of a deceased applicantor recipient, in behalf of the decedent's estate, to the end thatrights not determined at the time of death shall accrue to the estateof the applicant or recipient.10966.  (a) In addition to any other delegation powers granted tothe director under law, the director may delegate his or her powersto adopt final decisions under this chapter to all administrative lawjudges within specified ranges in the department, in the types ofcases deemed appropriate by the director. The authority to adoptfinal decisions shall not be contingent upon the outcome of the judge's resolution of the case or issue, nor upon the identity of aparticular administrative law judge. The defined areas of delegationshall be published by the department after interested groups such asthe Coalition of California Welfare Rights Organizations, legal aidsocieties, and the County Welfare Directors Association have had areasonable amount of time to review and comment. (b) Notwithstanding any other provisions of this chapter,decisions rendered by the administrative law judges under theauthority of this section shall be treated, for all purposes, as thedecision of the director. The affected county, recipient, orapplicant has the right to request a rehearing pursuant to Section10960, and the right to petition for judicial review pursuant toSection 10962. (c) If the director chooses to exercise the authority to delegatehis or her powers to adopt final decisions to administrative lawjudges, the delegation shall be in writing. Any such delegationinstrument shall be a public record available at all times, includingthe time of hearing, from each administrative law judge to whom thatauthority has been delegated. The written delegation instrumentshall include paragraphs (1) and (2) of the following, and mayinclude paragraph (3) of the following: (1) It shall specify the administrative law judges that areauthorized to render final decisions on his or her behalf, includingthe effective date of the authorization. (2) It shall specify the types of cases or issues that are subjectto his or her delegation of final authority. (3) It may include any other implementation instructions which heor she determines are necessary for the effective implementation ofthis section. (d) Decisions rendered by administrative law judges pursuant tothe provisions of this section shall be fair, impartial, independent,in writing, and in the format prescribed by the Chief AdministrativeLaw Judge.10967.  At the time of the hearing the recipient has a right toraise the adequacy of the county's notice of action as an issue. Ifthe administrative law judge determines that adequate notice wasprovided, the recipient shall agree to discuss the substantive issueor issues or the case shall be dismissed. If the administrative lawjudge determines that adequate notice was not provided, the case willbe postponed unless the recipient waives the adequate noticerequirement and agrees to discuss the substantive issue or issues atthe hearing. If the notice was not adequate and involved terminationor reduction of aid, retroactive action shall be taken by the countyto reinstate aid pending.