10-030.E Conditional Withdrawal (CWD)/Out-Of-Hearing
Resolution (OHR)
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of Contents
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The Conditional Withdrawal
(CWD)/Out-of-Hearing Resolution (OHR) section includes the following
information:
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Conditional
Withdrawal (CWD) |
An applicant/recipient may choose to
withdraw his/her request for a State Hearing pending mutually agreed upon
resolution of identified case action(s) (aka: hearing issue(s)). The
conditions of the withdrawal must specify the action(s) to be taken by the
County and/or client. The Appeals Representative prepares the conditional
withdrawal for the client to sign. |
Out-of-Hearing Resolution (OHR)
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The
OHR is the instructions to the case worker outlining the actions to be taken
to comply with the CWD. The
Appeals Section will issue an OHR when it determines the County cannot
support the action appealed because of an error in procedures and/or a lack
of o appropriate documentation and/or o circumstances the
County may not have been aware of or taken into consideration at the time of
the negative action. After
the conditions of the withdrawal are agreed to by the applicant/recipient or
his/her authorized representative, and the Appeals Representative, an OHR
must be issued for the case to the Family Resource Center (FRC)/Employment
Site office. The OHR will outline: ·
The
issue(s); ·
The
action required for compliance; ·
Why
the action cannot be supported at hearing, and; ·
The
State and County regulations and policy involved. |
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FRC/ Employment
Site Agrees With OHR
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The HSS/ECM will take an immediate action to comply with the OHR. The HSS/ECM assigned to complete the OHR action will send a copy of the Notice of Action (NOA) and/or any other pertinent documents not in CalWIN or DoReS that support compliance with the resolution action to the Appeals Representative by the deadline indicated on the OHR notice. If the HSS/ECM is unable to comply within the time allowed, the HSS/ECM or the FRC/Employment Site Appeals Liaison must contact the Appeals Representative prior to the due date to request an extension. |
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FRC/ Employment
Site Disagrees With OHR
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If
the FRC/Employment Site disagrees with the directed action, the following
procedures must be followed:
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Abandonment
of the Claim
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When applicants/recipients fail to appear for the hearing, they are considered to have abandoned their claim. If they contact the FRC or Employment staff to request a reopening of their hearing, they must be referred to the State Hearing Division at 1-800-743-8525 or 1-800-952-5253, and the Appeals Section. |