10950. If any applicant for or recipient of public social services
is dissatisfied with any action of the county department relating to
his or her application for or receipt of public social services, if
his or her application is not acted upon with reasonable promptness,
or if any person who desires to apply for public social services is
refused the opportunity to submit a signed application therefor, and
is dissatisfied with that refusal, he or she shall, in person or
through an authorized representative, without the necessity of filing
a claim with the board of supervisors, upon filing a request with
the State Department of Social Services or the State Department of
Health Services, whichever department administers the public social
service, be accorded an opportunity for a state hearing.
Priority in setting and deciding cases shall be given in those
cases in which aid is not being provided pending the outcome of the
hearing. This priority shall not be construed to permit or excuse the
failure to render decisions within the time allowed under federal
and state law.
Notwithstanding any other provision of this code, there is no
right to a state hearing when either (1) state or federal law
requires automatic grant adjustments for classes of recipients unless
the reason for an individual request is incorrect grant computation,
or (2) the sole issue is a federal or state law requiring an
automatic change in services or medical assistance which adversely
affects some or all recipients.
For the purposes of administering health care services and medical
assistance, the State Director of Health Services shall have those
powers and duties conferred on the Director of Social Services by
this chapter to conduct state hearings in order to secure approval of
a state plan under applicable federal law.
The State Director of Health Services may contract with the State
Department of Social Services for the provisions of state hearings in
accordance with this chapter.
As used in this chapter, "recipient" means an applicant for or
recipient of public social services except aid exclusively financed
by county funds or aid under Article 1 (commencing with Section
12000) to Article 6 (commencing with Section 12250), inclusive, of
Chapter 3 of Part 3, and under Article 8 (commencing with Section
12350) of Chapter 3 of Part 3, or those activities conducted under
Chapter 6 (commencing with Section 18350) of Part 6, and shall
include any individual who is an approved adoptive parent, as
described in subdivision (C) of Section 8708 of the Family Code, and
who alleges that he or she has been denied or has experienced delay
in the placement of a child for adoption solely because he or she
lives outside the jurisdiction of the department.
10951. (a) No person shall be entitled to a hearing pursuant to
this chapter unless he or she files his or her request for the same
within 90 days after the order or action complained of.
(b) (1) Notwithstanding subdivision (a), a person shall be
entitled to a hearing pursuant to this chapter if he or she files the
request more than 90 days after the order or action complained of
and there is good cause for filing the request beyond the 90-day
period. The director may determine whether good cause exists.
(2) For purposes of this subdivision "good cause" means a
substantial and compelling reason beyond the party's control,
considering the length of the delay, the diligence of the party
making the request, and the potential prejudice to the other party.
The inability of a person to understand an adequate and language
compliant notice, in and of itself, shall not constitute good cause.
In no event shall the department grant a request for a hearing where
the request is filed more than 180 days after the order or action
complained of.
(3) Nothing in this section shall preclude the application of the
principles 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 of
the Government Code), the department shall implement this section
through an all-county information notice no later than January 1,
2008. The department may also provide further instructions through
training notes.
10952. The department shall set the hearing to commence within 30
working days after the request is filed, and, at least 10 days prior
to the hearing, shall give all parties concerned written notice of
the time and place of the hearing.
10952.5. If regulations require a public or private agency to write
a position statement concerning the issues in question in a fair
hearing, or if the public or private agency chooses to develop such a
statement, not less than two working days prior to the date of a
hearing provided for pursuant to this chapter, the public or private
agency shall make available to the applicant for, or recipient of,
public social services requesting a fair hearing, a copy of the
public or private agency's position statement on the forthcoming
hearing. The public or private agency shall make the copy available
to the applicant or recipient at the county welfare department. A
public or private agency shall be required to comply with the
provisions of this section only if the public or private agency has
received a 10-day prior notice of the date and time of the scheduled
hearing.
If the public or private agency does not make the position
statement available not less than two working days prior to the
hearing or if the public or private agency decides to modify the
position statement, the hearing shall be postponed upon the request
of the applicant or recipient, provided an applicant or recipient
agrees to waive the right to obtain a decision on the hearing within
the deadline that would otherwise be applicable under regulations. A
postponement for reason of the public or private agency not making
the position statement available within not less than two working
days shall be deemed a postponement for good cause for purposes of
determining eligibility to any applicable benefits pending
disposition of the hearing.
For purposes of this section "public or private agency" shall not
include the State Department of Health Services.
10953. A hearing under this chapter shall be conducted by
administrative law judges employed by the department, unless the
director orders that it shall be conducted by himself or herself.
However, the director may contract with the Office of Administrative
Hearings to conduct hearings.
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code shall not apply to any hearing
conducted under this chapter.
10953.5. (a) The director has authority to appoint the department's
administrative law judges as provided in Section 10555.
(b) Each administrative law judge shall have been admitted to
practice law in this state and shall possess any other qualifications
prescribed by the State Personnel Board. All persons in the office
of the chief referee employed as hearing officers by the department
prior to the effective date of this section shall be deemed to be
administrative law judges.
10954. The director or administrative law judge conducting the
hearing, shall have all of the powers and authority conferred upon
the 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 Government
Code.
10955. The hearing shall be conducted in an impartial and informal
manner in order to encourage free and open discussion by
participants. All testimony shall be submitted under oath or
affirmation. The person conducting the hearing shall not be bound by
rules of procedure or evidence applicable in judicial proceedings. At
the hearing the applicant or recipient may appear in person with
counsel of his own choosing, or in person and without such counsel.
10956. The proceedings at the hearing shall be reported by a
phonographic 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. When
the refusal of a county to accept a signed application for aid or
services is an issue, the director may require the county to accept
the application, and may continue the case until the results of the
investigation have been reported to him or her. In any such case in
which aid is awarded by the director or his or her designee, the
payments shall commence at the time indicated by the director or his
or her designee.
10958. If the hearing is conducted by an administrative law judge,
he or she shall prepare a fair, impartial, and independent proposed
decision, in writing and in such format that it may be adopted as the
director's decision and, after approval of the decision by the chief
administrative law judge of the department, the chief administrative
law judge shall file a copy of the proposed decision, within 75 days
after the conclusion of the hearing, with the director.
10958.1. 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 party which they have mutually agreed,
prior to or at the hearing, to discuss. All of those issues shall be
addressed in the hearing decisions.
10959. Within 30 days after the department has received a copy of
the administrative law judge's proposed decision, the director may
adopt the decision in its entirety; decide the matter himself or
herself on the record, including the transcript, with or without
taking additional evidence; or order a further hearing to be
conducted by himself or herself, or another administrative law judge
on behalf of the director. Failure of the director to adopt the
proposed decision, decide the matter himself or herself on the
record, including the transcript, with or without taking additional
evidence or order a further hearing within the 30 days shall be
deemed an affirmation of the proposed decision. If the director
decides the matter, a copy of his or her decision shall be served on
the applicant or recipient and on the affected county, and, if his or
her decision differs materially from the proposed decision of the
administrative law judge, a copy of that proposed decision shall also
be served on the applicant or recipient and on the affected county.
If a further hearing is ordered, it shall be conducted in the same
manner and within the same time limits specified for the original
hearing.
10960. (a) Within 30 days after receiving the decision of the
director, which is the proposed decision of an administrative law
judge adopted by the director as final, a final decision rendered by
an administrative law judge, or a decision issued by the director
himself or herself, the affected county or applicant or recipient may
file a request with the director for a rehearing. The director shall
immediately serve a copy of the request on the other party to the
hearing and that other party may within five days of the service file
with the director a written statement supporting or objecting to the
request. The director shall grant or deny the request no later than
the 35th working day after the request is made to ensure the prompt
and efficient administration of the hearing process. If the director
grants the request, the rehearing shall be conducted in the same
manner 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 the
record.
(3) The adopted decision is not supported by the findings.
(4) The adopted decision does not address all of the claims or
issues raised by the parties.
(5) The adopted decision does not address all of the claims or
issues supported by the record or evidence.
(6) The adopted decision does not set forth sufficient information
to determine the basis for its legal conclusion.
(7) Newly discovered evidence, that was not in custody or
available to the party requesting rehearing at the time of the
hearing, is now available and the new evidence, had it been
introduced, could have changed the hearing decision.
(8) For any other reason necessary to prevent the abuse of
discretion or an error of law, or for any other reason consistent
with Section 1094.5 of the Code of Civil Procedure.
(c) The notice granting or denying the rehearing request shall
explain the reasons and legal basis for granting or denying the
request for rehearing.
(d) The decision of the director, which is the proposed decision
of an administrative law judge adopted by the director as final, a
final decision rendered by an administrative law judge, or a decision
issued by the director himself or herself, remains final pending a
request for a rehearing. Only after a rehearing is granted is the
decision no longer the final decision in the case.
(e) Notwithstanding any other provision of law, a rehearing
request or decision shall not be a prerequisite to filing an action
under Section 10962.
(f) (1) Notwithstanding subdivision (a), an applicant or recipient
otherwise may be entitled to a rehearing pursuant to this chapter if
he or she files a request more than 30 days after the decision of
the director is issued, or if he or she did not receive a copy of the
decision of the director, or if there is good cause for filing
beyond the 30-day period. The director may determine whether good
cause exists.
(2) For purposes of this subdivision, "good cause" means a
substantial and compelling reason beyond the party's control,
considering the length of the delay, the diligence of the party
making the request, and the potential prejudice to the other party.
The inability of a person to understand an adequate and
language-compliant notice, in and of itself, shall not constitute
good cause. The department shall not grant a request for a hearing if
the request is filed more than 180 days after the order or action
complained of.
(3) This section shall not preclude the application of the
principles 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 of
the Government Code), the department shall implement this section
through an all-county information notice no later than January 1,
2008. The department may also provide further instructions through
training notes.
10961. The decision of the director need not specify the amount of
the award to be paid unless the amount of the award is an issue. If
the decision is in favor of the applicant or recipient, the county
department shall pay to the applicant or recipient, without the
necessity of establishing his or her present need, the amount of aid
the director finds he or she is entitled to receive pursuant to the
director's decision, payment to commence as of the date the person
was first entitled thereto, or grant to him or her the services to
which he or she is entitled.
The award shall be determined no later than 30 days following the
date that the hearing decision is received by the county, or 30 days
from the date the additional information needed for compliance with
the decision is provided to the county. After the award is made, the
county and the claimant shall be notified by the department of its
determination regarding the county's compliance with the decision.
10962. The applicant or recipient or the affected county, within
one year after receiving notice of the director's final decision, may
file a petition with the superior court, under the provisions of
Section 1094.5 of the Code of Civil Procedure, praying for a review
of the entire proceedings in the matter, upon questions of law
involved in the case. Such review, if granted, shall be the exclusive
remedy available to the applicant or recipient or county for review
of the director's decision. The director shall be the sole respondent
in such proceedings. Immediately upon being served the director
shall serve a copy of the petition on the other party entitled to
judicial review and such party shall have the right to intervene in
the proceedings.
No filing fee shall be required for the filing of a petition
pursuant to this section. Any such petition to the superior court
shall be entitled to a preference in setting a date for hearing on
the petition. No bond shall be required in the case of any petition
for review, nor in any appeal therefrom. The applicant or recipient
shall be entitled to reasonable attorney's fees and costs, if he
obtains a decision in his favor.
10963. The county director shall comply with and execute every
decision of the director rendered pursuant to this chapter.
10964. The department shall compile and distribute to each county
department a current digest of decisions, properly indexed, rendered
under this chapter, and each such digest shall be open to public
inspection, subject, however, to the confidentiality requirements set
forth in federal and state laws and regulations.
10965. Nothing in this chapter shall prevent the filing of the
request for a hearing by the legal representative, or, if there is no
authorized legal representative, by an heir of a deceased applicant
or recipient, in behalf of the decedent's estate, to the end that
rights not determined at the time of death shall accrue to the estate
of the applicant or recipient.
10966. (a) In addition to any other delegation powers granted to
the director under law, the director may delegate his or her powers
to adopt final decisions under this chapter to all administrative law
judges within specified ranges in the department, in the types of
cases deemed appropriate by the director. The authority to adopt
final decisions shall not be contingent upon the outcome of the judge'
s resolution of the case or issue, nor upon the identity of a
particular administrative law judge. The defined areas of delegation
shall be published by the department after interested groups such as
the Coalition of California Welfare Rights Organizations, legal aid
societies, and the County Welfare Directors Association have had a
reasonable amount of time to review and comment.
(b) Notwithstanding any other provisions of this chapter,
decisions rendered by the administrative law judges under the
authority of this section shall be treated, for all purposes, as the
decision of the director. The affected county, recipient, or
applicant has the right to request a rehearing pursuant to Section
10960, and the right to petition for judicial review pursuant to
Section 10962.
(c) If the director chooses to exercise the authority to delegate
his or her powers to adopt final decisions to administrative law
judges, the delegation shall be in writing. Any such delegation
instrument shall be a public record available at all times, including
the time of hearing, from each administrative law judge to whom that
authority has been delegated. The written delegation instrument
shall include paragraphs (1) and (2) of the following, and may
include paragraph (3) of the following:
(1) It shall specify the administrative law judges that are
authorized to render final decisions on his or her behalf, including
the effective date of the authorization.
(2) It shall specify the types of cases or issues that are subject
to his or her delegation of final authority.
(3) It may include any other implementation instructions which he
or she determines are necessary for the effective implementation of
this section.
(d) Decisions rendered by administrative law judges pursuant to
the provisions of this section shall be fair, impartial, independent,
in writing, and in the format prescribed by the Chief Administrative
Law Judge.
10967. At the time of the hearing the recipient has a right to
raise the adequacy of the county's notice of action as an issue. If
the administrative law judge determines that adequate notice was
provided, the recipient shall agree to discuss the substantive issue
or issues or the case shall be dismissed. If the administrative law
judge determines that adequate notice was not provided, the case will
be postponed unless the 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, retroactive action shall be taken by the county
to reinstate aid pending.
10950. If any applicant for or recipient of public social services
is dissatisfied with any action of the county department relating to
his or her application for or receipt of public social services, if
his or her application is not acted upon with reasonable promptness,
or if any person who desires to apply for public social services is
refused the opportunity to submit a signed application therefor, and
is dissatisfied with that refusal, he or she shall, in person or
through an authorized representative, without the necessity of filing
a claim with the board of supervisors, upon filing a request with
the State Department of Social Services or the State Department of
Health Services, whichever department administers the public social
service, be accorded an opportunity for a state hearing.
Priority in setting and deciding cases shall be given in those
cases in which aid is not being provided pending the outcome of the
hearing. This priority shall not be construed to permit or excuse the
failure to render decisions within the time allowed under federal
and state law.
Notwithstanding any other provision of this code, there is no
right to a state hearing when either (1) state or federal law
requires automatic grant adjustments for classes of recipients unless
the reason for an individual request is incorrect grant computation,
or (2) the sole issue is a federal or state law requiring an
automatic change in services or medical assistance which adversely
affects some or all recipients.
For the purposes of administering health care services and medical
assistance, the State Director of Health Services shall have those
powers and duties conferred on the Director of Social Services by
this chapter to conduct state hearings in order to secure approval of
a state plan under applicable federal law.
The State Director of Health Services may contract with the State
Department of Social Services for the provisions of state hearings in
accordance with this chapter.
As used in this chapter, "recipient" means an applicant for or
recipient of public social services except aid exclusively financed
by county funds or aid under Article 1 (commencing with Section
12000) to Article 6 (commencing with Section 12250), inclusive, of
Chapter 3 of Part 3, and under Article 8 (commencing with Section
12350) of Chapter 3 of Part 3, or those activities conducted under
Chapter 6 (commencing with Section 18350) of Part 6, and shall
include any individual who is an approved adoptive parent, as
described in subdivision (C) of Section 8708 of the Family Code, and
who alleges that he or she has been denied or has experienced delay
in the placement of a child for adoption solely because he or she
lives outside the jurisdiction of the department.
10951. (a) No person shall be entitled to a hearing pursuant to
this chapter unless he or she files his or her request for the same
within 90 days after the order or action complained of.
(b) (1) Notwithstanding subdivision (a), a person shall be
entitled to a hearing pursuant to this chapter if he or she files the
request more than 90 days after the order or action complained of
and there is good cause for filing the request beyond the 90-day
period. The director may determine whether good cause exists.
(2) For purposes of this subdivision "good cause" means a
substantial and compelling reason beyond the party's control,
considering the length of the delay, the diligence of the party
making the request, and the potential prejudice to the other party.
The inability of a person to understand an adequate and language
compliant notice, in and of itself, shall not constitute good cause.
In no event shall the department grant a request for a hearing where
the request is filed more than 180 days after the order or action
complained of.
(3) Nothing in this section shall preclude the application of the
principles 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 of
the Government Code), the department shall implement this section
through an all-county information notice no later than January 1,
2008. The department may also provide further instructions through
training notes.
10952. The department shall set the hearing to commence within 30
working days after the request is filed, and, at least 10 days prior
to the hearing, shall give all parties concerned written notice of
the time and place of the hearing.
10952.5. If regulations require a public or private agency to write
a position statement concerning the issues in question in a fair
hearing, or if the public or private agency chooses to develop such a
statement, not less than two working days prior to the date of a
hearing provided for pursuant to this chapter, the public or private
agency shall make available to the applicant for, or recipient of,
public social services requesting a fair hearing, a copy of the
public or private agency's position statement on the forthcoming
hearing. The public or private agency shall make the copy available
to the applicant or recipient at the county welfare department. A
public or private agency shall be required to comply with the
provisions of this section only if the public or private agency has
received a 10-day prior notice of the date and time of the scheduled
hearing.
If the public or private agency does not make the position
statement available not less than two working days prior to the
hearing or if the public or private agency decides to modify the
position statement, the hearing shall be postponed upon the request
of the applicant or recipient, provided an applicant or recipient
agrees to waive the right to obtain a decision on the hearing within
the deadline that would otherwise be applicable under regulations. A
postponement for reason of the public or private agency not making
the position statement available within not less than two working
days shall be deemed a postponement for good cause for purposes of
determining eligibility to any applicable benefits pending
disposition of the hearing.
For purposes of this section "public or private agency" shall not
include the State Department of Health Services.
10953. A hearing under this chapter shall be conducted by
administrative law judges employed by the department, unless the
director orders that it shall be conducted by himself or herself.
However, the director may contract with the Office of Administrative
Hearings to conduct hearings.
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code shall not apply to any hearing
conducted under this chapter.
10953.5. (a) The director has authority to appoint the department's
administrative law judges as provided in Section 10555.
(b) Each administrative law judge shall have been admitted to
practice law in this state and shall possess any other qualifications
prescribed by the State Personnel Board. All persons in the office
of the chief referee employed as hearing officers by the department
prior to the effective date of this section shall be deemed to be
administrative law judges.
10954. The director or administrative law judge conducting the
hearing, shall have all of the powers and authority conferred upon
the 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 Government
Code.
10955. The hearing shall be conducted in an impartial and informal
manner in order to encourage free and open discussion by
participants. All testimony shall be submitted under oath or
affirmation. The person conducting the hearing shall not be bound by
rules of procedure or evidence applicable in judicial proceedings. At
the hearing the applicant or recipient may appear in person with
counsel of his own choosing, or in person and without such counsel.
10956. The proceedings at the hearing shall be reported by a
phonographic 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. When
the refusal of a county to accept a signed application for aid or
services is an issue, the director may require the county to accept
the application, and may continue the case until the results of the
investigation have been reported to him or her. In any such case in
which aid is awarded by the director or his or her designee, the
payments shall commence at the time indicated by the director or his
or her designee.
10958. If the hearing is conducted by an administrative law judge,
he or she shall prepare a fair, impartial, and independent proposed
decision, in writing and in such format that it may be adopted as the
director's decision and, after approval of the decision by the chief
administrative law judge of the department, the chief administrative
law judge shall file a copy of the proposed decision, within 75 days
after the conclusion of the hearing, with the director.
10958.1. 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 party which they have mutually agreed,
prior to or at the hearing, to discuss. All of those issues shall be
addressed in the hearing decisions.
10959. Within 30 days after the department has received a copy of
the administrative law judge's proposed decision, the director may
adopt the decision in its entirety; decide the matter himself or
herself on the record, including the transcript, with or without
taking additional evidence; or order a further hearing to be
conducted by himself or herself, or another administrative law judge
on behalf of the director. Failure of the director to adopt the
proposed decision, decide the matter himself or herself on the
record, including the transcript, with or without taking additional
evidence or order a further hearing within the 30 days shall be
deemed an affirmation of the proposed decision. If the director
decides the matter, a copy of his or her decision shall be served on
the applicant or recipient and on the affected county, and, if his or
her decision differs materially from the proposed decision of the
administrative law judge, a copy of that proposed decision shall also
be served on the applicant or recipient and on the affected county.
If a further hearing is ordered, it shall be conducted in the same
manner and within the same time limits specified for the original
hearing.
10960. (a) Within 30 days after receiving the decision of the
director, which is the proposed decision of an administrative law
judge adopted by the director as final, a final decision rendered by
an administrative law judge, or a decision issued by the director
himself or herself, the affected county or applicant or recipient may
file a request with the director for a rehearing. The director shall
immediately serve a copy of the request on the other party to the
hearing and that other party may within five days of the service file
with the director a written statement supporting or objecting to the
request. The director shall grant or deny the request no later than
the 35th working day after the request is made to ensure the prompt
and efficient administration of the hearing process. If the director
grants the request, the rehearing shall be conducted in the same
manner 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 the
record.
(3) The adopted decision is not supported by the findings.
(4) The adopted decision does not address all of the claims or
issues raised by the parties.
(5) The adopted decision does not address all of the claims or
issues supported by the record or evidence.
(6) The adopted decision does not set forth sufficient information
to determine the basis for its legal conclusion.
(7) Newly discovered evidence, that was not in custody or
available to the party requesting rehearing at the time of the
hearing, is now available and the new evidence, had it been
introduced, could have changed the hearing decision.
(8) For any other reason necessary to prevent the abuse of
discretion or an error of law, or for any other reason consistent
with Section 1094.5 of the Code of Civil Procedure.
(c) The notice granting or denying the rehearing request shall
explain the reasons and legal basis for granting or denying the
request for rehearing.
(d) The decision of the director, which is the proposed decision
of an administrative law judge adopted by the director as final, a
final decision rendered by an administrative law judge, or a decision
issued by the director himself or herself, remains final pending a
request for a rehearing. Only after a rehearing is granted is the
decision no longer the final decision in the case.
(e) Notwithstanding any other provision of law, a rehearing
request or decision shall not be a prerequisite to filing an action
under Section 10962.
(f) (1) Notwithstanding subdivision (a), an applicant or recipient
otherwise may be entitled to a rehearing pursuant to this chapter if
he or she files a request more than 30 days after the decision of
the director is issued, or if he or she did not receive a copy of the
decision of the director, or if there is good cause for filing
beyond the 30-day period. The director may determine whether good
cause exists.
(2) For purposes of this subdivision, "good cause" means a
substantial and compelling reason beyond the party's control,
considering the length of the delay, the diligence of the party
making the request, and the potential prejudice to the other party.
The inability of a person to understand an adequate and
language-compliant notice, in and of itself, shall not constitute
good cause. The department shall not grant a request for a hearing if
the request is filed more than 180 days after the order or action
complained of.
(3) This section shall not preclude the application of the
principles 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 of
the Government Code), the department shall implement this section
through an all-county information notice no later than January 1,
2008. The department may also provide further instructions through
training notes.
10961. The decision of the director need not specify the amount of
the award to be paid unless the amount of the award is an issue. If
the decision is in favor of the applicant or recipient, the county
department shall pay to the applicant or recipient, without the
necessity of establishing his or her present need, the amount of aid
the director finds he or she is entitled to receive pursuant to the
director's decision, payment to commence as of the date the person
was first entitled thereto, or grant to him or her the services to
which he or she is entitled.
The award shall be determined no later than 30 days following the
date that the hearing decision is received by the county, or 30 days
from the date the additional information needed for compliance with
the decision is provided to the county. After the award is made, the
county and the claimant shall be notified by the department of its
determination regarding the county's compliance with the decision.
10962. The applicant or recipient or the affected county, within
one year after receiving notice of the director's final decision, may
file a petition with the superior court, under the provisions of
Section 1094.5 of the Code of Civil Procedure, praying for a review
of the entire proceedings in the matter, upon questions of law
involved in the case. Such review, if granted, shall be the exclusive
remedy available to the applicant or recipient or county for review
of the director's decision. The director shall be the sole respondent
in such proceedings. Immediately upon being served the director
shall serve a copy of the petition on the other party entitled to
judicial review and such party shall have the right to intervene in
the proceedings.
No filing fee shall be required for the filing of a petition
pursuant to this section. Any such petition to the superior court
shall be entitled to a preference in setting a date for hearing on
the petition. No bond shall be required in the case of any petition
for review, nor in any appeal therefrom. The applicant or recipient
shall be entitled to reasonable attorney's fees and costs, if he
obtains a decision in his favor.
10963. The county director shall comply with and execute every
decision of the director rendered pursuant to this chapter.
10964. The department shall compile and distribute to each county
department a current digest of decisions, properly indexed, rendered
under this chapter, and each such digest shall be open to public
inspection, subject, however, to the confidentiality requirements set
forth in federal and state laws and regulations.
10965. Nothing in this chapter shall prevent the filing of the
request for a hearing by the legal representative, or, if there is no
authorized legal representative, by an heir of a deceased applicant
or recipient, in behalf of the decedent's estate, to the end that
rights not determined at the time of death shall accrue to the estate
of the applicant or recipient.
10966. (a) In addition to any other delegation powers granted to
the director under law, the director may delegate his or her powers
to adopt final decisions under this chapter to all administrative law
judges within specified ranges in the department, in the types of
cases deemed appropriate by the director. The authority to adopt
final decisions shall not be contingent upon the outcome of the judge'
s resolution of the case or issue, nor upon the identity of a
particular administrative law judge. The defined areas of delegation
shall be published by the department after interested groups such as
the Coalition of California Welfare Rights Organizations, legal aid
societies, and the County Welfare Directors Association have had a
reasonable amount of time to review and comment.
(b) Notwithstanding any other provisions of this chapter,
decisions rendered by the administrative law judges under the
authority of this section shall be treated, for all purposes, as the
decision of the director. The affected county, recipient, or
applicant has the right to request a rehearing pursuant to Section
10960, and the right to petition for judicial review pursuant to
Section 10962.
(c) If the director chooses to exercise the authority to delegate
his or her powers to adopt final decisions to administrative law
judges, the delegation shall be in writing. Any such delegation
instrument shall be a public record available at all times, including
the time of hearing, from each administrative law judge to whom that
authority has been delegated. The written delegation instrument
shall include paragraphs (1) and (2) of the following, and may
include paragraph (3) of the following:
(1) It shall specify the administrative law judges that are
authorized to render final decisions on his or her behalf, including
the effective date of the authorization.
(2) It shall specify the types of cases or issues that are subject
to his or her delegation of final authority.
(3) It may include any other implementation instructions which he
or she determines are necessary for the effective implementation of
this section.
(d) Decisions rendered by administrative law judges pursuant to
the provisions of this section shall be fair, impartial, independent,
in writing, and in the format prescribed by the Chief Administrative
Law Judge.
10967. At the time of the hearing the recipient has a right to
raise the adequacy of the county's notice of action as an issue. If
the administrative law judge determines that adequate notice was
provided, the recipient shall agree to discuss the substantive issue
or issues or the case shall be dismissed. If the administrative law
judge determines that adequate notice was not provided, the case will
be postponed unless the 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, retroactive action shall be taken by the county
to reinstate aid pending.
10950. If any applicant for or recipient of public social services
is dissatisfied with any action of the county department relating to
his or her application for or receipt of public social services, if
his or her application is not acted upon with reasonable promptness,
or if any person who desires to apply for public social services is
refused the opportunity to submit a signed application therefor, and
is dissatisfied with that refusal, he or she shall, in person or
through an authorized representative, without the necessity of filing
a claim with the board of supervisors, upon filing a request with
the State Department of Social Services or the State Department of
Health Services, whichever department administers the public social
service, be accorded an opportunity for a state hearing.
Priority in setting and deciding cases shall be given in those
cases in which aid is not being provided pending the outcome of the
hearing. This priority shall not be construed to permit or excuse the
failure to render decisions within the time allowed under federal
and state law.
Notwithstanding any other provision of this code, there is no
right to a state hearing when either (1) state or federal law
requires automatic grant adjustments for classes of recipients unless
the reason for an individual request is incorrect grant computation,
or (2) the sole issue is a federal or state law requiring an
automatic change in services or medical assistance which adversely
affects some or all recipients.
For the purposes of administering health care services and medical
assistance, the State Director of Health Services shall have those
powers and duties conferred on the Director of Social Services by
this chapter to conduct state hearings in order to secure approval of
a state plan under applicable federal law.
The State Director of Health Services may contract with the State
Department of Social Services for the provisions of state hearings in
accordance with this chapter.
As used in this chapter, "recipient" means an applicant for or
recipient of public social services except aid exclusively financed
by county funds or aid under Article 1 (commencing with Section
12000) to Article 6 (commencing with Section 12250), inclusive, of
Chapter 3 of Part 3, and under Article 8 (commencing with Section
12350) of Chapter 3 of Part 3, or those activities conducted under
Chapter 6 (commencing with Section 18350) of Part 6, and shall
include any individual who is an approved adoptive parent, as
described in subdivision (C) of Section 8708 of the Family Code, and
who alleges that he or she has been denied or has experienced delay
in the placement of a child for adoption solely because he or she
lives outside the jurisdiction of the department.
10951. (a) No person shall be entitled to a hearing pursuant to
this chapter unless he or she files his or her request for the same
within 90 days after the order or action complained of.
(b) (1) Notwithstanding subdivision (a), a person shall be
entitled to a hearing pursuant to this chapter if he or she files the
request more than 90 days after the order or action complained of
and there is good cause for filing the request beyond the 90-day
period. The director may determine whether good cause exists.
(2) For purposes of this subdivision "good cause" means a
substantial and compelling reason beyond the party's control,
considering the length of the delay, the diligence of the party
making the request, and the potential prejudice to the other party.
The inability of a person to understand an adequate and language
compliant notice, in and of itself, shall not constitute good cause.
In no event shall the department grant a request for a hearing where
the request is filed more than 180 days after the order or action
complained of.
(3) Nothing in this section shall preclude the application of the
principles 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 of
the Government Code), the department shall implement this section
through an all-county information notice no later than January 1,
2008. The department may also provide further instructions through
training notes.
10952. The department shall set the hearing to commence within 30
working days after the request is filed, and, at least 10 days prior
to the hearing, shall give all parties concerned written notice of
the time and place of the hearing.
10952.5. If regulations require a public or private agency to write
a position statement concerning the issues in question in a fair
hearing, or if the public or private agency chooses to develop such a
statement, not less than two working days prior to the date of a
hearing provided for pursuant to this chapter, the public or private
agency shall make available to the applicant for, or recipient of,
public social services requesting a fair hearing, a copy of the
public or private agency's position statement on the forthcoming
hearing. The public or private agency shall make the copy available
to the applicant or recipient at the county welfare department. A
public or private agency shall be required to comply with the
provisions of this section only if the public or private agency has
received a 10-day prior notice of the date and time of the scheduled
hearing.
If the public or private agency does not make the position
statement available not less than two working days prior to the
hearing or if the public or private agency decides to modify the
position statement, the hearing shall be postponed upon the request
of the applicant or recipient, provided an applicant or recipient
agrees to waive the right to obtain a decision on the hearing within
the deadline that would otherwise be applicable under regulations. A
postponement for reason of the public or private agency not making
the position statement available within not less than two working
days shall be deemed a postponement for good cause for purposes of
determining eligibility to any applicable benefits pending
disposition of the hearing.
For purposes of this section "public or private agency" shall not
include the State Department of Health Services.
10953. A hearing under this chapter shall be conducted by
administrative law judges employed by the department, unless the
director orders that it shall be conducted by himself or herself.
However, the director may contract with the Office of Administrative
Hearings to conduct hearings.
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code shall not apply to any hearing
conducted under this chapter.
10953.5. (a) The director has authority to appoint the department's
administrative law judges as provided in Section 10555.
(b) Each administrative law judge shall have been admitted to
practice law in this state and shall possess any other qualifications
prescribed by the State Personnel Board. All persons in the office
of the chief referee employed as hearing officers by the department
prior to the effective date of this section shall be deemed to be
administrative law judges.
10954. The director or administrative law judge conducting the
hearing, shall have all of the powers and authority conferred upon
the 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 Government
Code.
10955. The hearing shall be conducted in an impartial and informal
manner in order to encourage free and open discussion by
participants. All testimony shall be submitted under oath or
affirmation. The person conducting the hearing shall not be bound by
rules of procedure or evidence applicable in judicial proceedings. At
the hearing the applicant or recipient may appear in person with
counsel of his own choosing, or in person and without such counsel.
10956. The proceedings at the hearing shall be reported by a
phonographic 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. When
the refusal of a county to accept a signed application for aid or
services is an issue, the director may require the county to accept
the application, and may continue the case until the results of the
investigation have been reported to him or her. In any such case in
which aid is awarded by the director or his or her designee, the
payments shall commence at the time indicated by the director or his
or her designee.
10958. If the hearing is conducted by an administrative law judge,
he or she shall prepare a fair, impartial, and independent proposed
decision, in writing and in such format that it may be adopted as the
director's decision and, after approval of the decision by the chief
administrative law judge of the department, the chief administrative
law judge shall file a copy of the proposed decision, within 75 days
after the conclusion of the hearing, with the director.
10958.1. 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 party which they have mutually agreed,
prior to or at the hearing, to discuss. All of those issues shall be
addressed in the hearing decisions.
10959. Within 30 days after the department has received a copy of
the administrative law judge's proposed decision, the director may
adopt the decision in its entirety; decide the matter himself or
herself on the record, including the transcript, with or without
taking additional evidence; or order a further hearing to be
conducted by himself or herself, or another administrative law judge
on behalf of the director. Failure of the director to adopt the
proposed decision, decide the matter himself or herself on the
record, including the transcript, with or without taking additional
evidence or order a further hearing within the 30 days shall be
deemed an affirmation of the proposed decision. If the director
decides the matter, a copy of his or her decision shall be served on
the applicant or recipient and on the affected county, and, if his or
her decision differs materially from the proposed decision of the
administrative law judge, a copy of that proposed decision shall also
be served on the applicant or recipient and on the affected county.
If a further hearing is ordered, it shall be conducted in the same
manner and within the same time limits specified for the original
hearing.
10960. (a) Within 30 days after receiving the decision of the
director, which is the proposed decision of an administrative law
judge adopted by the director as final, a final decision rendered by
an administrative law judge, or a decision issued by the director
himself or herself, the affected county or applicant or recipient may
file a request with the director for a rehearing. The director shall
immediately serve a copy of the request on the other party to the
hearing and that other party may within five days of the service file
with the director a written statement supporting or objecting to the
request. The director shall grant or deny the request no later than
the 35th working day after the request is made to ensure the prompt
and efficient administration of the hearing process. If the director
grants the request, the rehearing shall be conducted in the same
manner 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 the
record.
(3) The adopted decision is not supported by the findings.
(4) The adopted decision does not address all of the claims or
issues raised by the parties.
(5) The adopted decision does not address all of the claims or
issues supported by the record or evidence.
(6) The adopted decision does not set forth sufficient information
to determine the basis for its legal conclusion.
(7) Newly discovered evidence, that was not in custody or
available to the party requesting rehearing at the time of the
hearing, is now available and the new evidence, had it been
introduced, could have changed the hearing decision.
(8) For any other reason necessary to prevent the abuse of
discretion or an error of law, or for any other reason consistent
with Section 1094.5 of the Code of Civil Procedure.
(c) The notice granting or denying the rehearing request shall
explain the reasons and legal basis for granting or denying the
request for rehearing.
(d) The decision of the director, which is the proposed decision
of an administrative law judge adopted by the director as final, a
final decision rendered by an administrative law judge, or a decision
issued by the director himself or herself, remains final pending a
request for a rehearing. Only after a rehearing is granted is the
decision no longer the final decision in the case.
(e) Notwithstanding any other provision of law, a rehearing
request or decision shall not be a prerequisite to filing an action
under Section 10962.
(f) (1) Notwithstanding subdivision (a), an applicant or recipient
otherwise may be entitled to a rehearing pursuant to this chapter if
he or she files a request more than 30 days after the decision of
the director is issued, or if he or she did not receive a copy of the
decision of the director, or if there is good cause for filing
beyond the 30-day period. The director may determine whether good
cause exists.
(2) For purposes of this subdivision, "good cause" means a
substantial and compelling reason beyond the party's control,
considering the length of the delay, the diligence of the party
making the request, and the potential prejudice to the other party.
The inability of a person to understand an adequate and
language-compliant notice, in and of itself, shall not constitute
good cause. The department shall not grant a request for a hearing if
the request is filed more than 180 days after the order or action
complained of.
(3) This section shall not preclude the application of the
principles 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 of
the Government Code), the department shall implement this section
through an all-county information notice no later than January 1,
2008. The department may also provide further instructions through
training notes.
10961. The decision of the director need not specify the amount of
the award to be paid unless the amount of the award is an issue. If
the decision is in favor of the applicant or recipient, the county
department shall pay to the applicant or recipient, without the
necessity of establishing his or her present need, the amount of aid
the director finds he or she is entitled to receive pursuant to the
director's decision, payment to commence as of the date the person
was first entitled thereto, or grant to him or her the services to
which he or she is entitled.
The award shall be determined no later than 30 days following the
date that the hearing decision is received by the county, or 30 days
from the date the additional information needed for compliance with
the decision is provided to the county. After the award is made, the
county and the claimant shall be notified by the department of its
determination regarding the county's compliance with the decision.
10962. The applicant or recipient or the affected county, within
one year after receiving notice of the director's final decision, may
file a petition with the superior court, under the provisions of
Section 1094.5 of the Code of Civil Procedure, praying for a review
of the entire proceedings in the matter, upon questions of law
involved in the case. Such review, if granted, shall be the exclusive
remedy available to the applicant or recipient or county for review
of the director's decision. The director shall be the sole respondent
in such proceedings. Immediately upon being served the director
shall serve a copy of the petition on the other party entitled to
judicial review and such party shall have the right to intervene in
the proceedings.
No filing fee shall be required for the filing of a petition
pursuant to this section. Any such petition to the superior court
shall be entitled to a preference in setting a date for hearing on
the petition. No bond shall be required in the case of any petition
for review, nor in any appeal therefrom. The applicant or recipient
shall be entitled to reasonable attorney's fees and costs, if he
obtains a decision in his favor.
10963. The county director shall comply with and execute every
decision of the director rendered pursuant to this chapter.
10964. The department shall compile and distribute to each county
department a current digest of decisions, properly indexed, rendered
under this chapter, and each such digest shall be open to public
inspection, subject, however, to the confidentiality requirements set
forth in federal and state laws and regulations.
10965. Nothing in this chapter shall prevent the filing of the
request for a hearing by the legal representative, or, if there is no
authorized legal representative, by an heir of a deceased applicant
or recipient, in behalf of the decedent's estate, to the end that
rights not determined at the time of death shall accrue to the estate
of the applicant or recipient.
10966. (a) In addition to any other delegation powers granted to
the director under law, the director may delegate his or her powers
to adopt final decisions under this chapter to all administrative law
judges within specified ranges in the department, in the types of
cases deemed appropriate by the director. The authority to adopt
final decisions shall not be contingent upon the outcome of the judge'
s resolution of the case or issue, nor upon the identity of a
particular administrative law judge. The defined areas of delegation
shall be published by the department after interested groups such as
the Coalition of California Welfare Rights Organizations, legal aid
societies, and the County Welfare Directors Association have had a
reasonable amount of time to review and comment.
(b) Notwithstanding any other provisions of this chapter,
decisions rendered by the administrative law judges under the
authority of this section shall be treated, for all purposes, as the
decision of the director. The affected county, recipient, or
applicant has the right to request a rehearing pursuant to Section
10960, and the right to petition for judicial review pursuant to
Section 10962.
(c) If the director chooses to exercise the authority to delegate
his or her powers to adopt final decisions to administrative law
judges, the delegation shall be in writing. Any such delegation
instrument shall be a public record available at all times, including
the time of hearing, from each administrative law judge to whom that
authority has been delegated. The written delegation instrument
shall include paragraphs (1) and (2) of the following, and may
include paragraph (3) of the following:
(1) It shall specify the administrative law judges that are
authorized to render final decisions on his or her behalf, including
the effective date of the authorization.
(2) It shall specify the types of cases or issues that are subject
to his or her delegation of final authority.
(3) It may include any other implementation instructions which he
or she determines are necessary for the effective implementation of
this section.
(d) Decisions rendered by administrative law judges pursuant to
the provisions of this section shall be fair, impartial, independent,
in writing, and in the format prescribed by the Chief Administrative
Law Judge.
10967. At the time of the hearing the recipient has a right to
raise the adequacy of the county's notice of action as an issue. If
the administrative law judge determines that adequate notice was
provided, the recipient shall agree to discuss the substantive issue
or issues or the case shall be dismissed. If the administrative law
judge determines that adequate notice was not provided, the case will
be postponed unless the 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, retroactive action shall be taken by the county
to reinstate aid pending.
