County of San Diego Health and Human Services Agency HHSA CalWORKs Program Guide Notice of Action NOA Requirements Number Page 22000A 1 of 3 Revision Date 09012019 Background Notices of Action NOAs are written notices that inform customers of intended County actions regarding their application or case NOAs must be adequate languagecompliant and timely with certain exceptions and may be received by mail andor via electronic notification Purpose This section has been revised to add State requirements regarding language compliance and to incorporate NOA information previously issued in other sections of the CalWORKs Program Guide Policy Each NOA must include information that is sufficient for the customer to determine what the issue is be able to understand the Countys intended action and decide if a request for a hearing is needed Each NOA must include the NA Back 9 The NOA must provide casespecific information regarding the facts that were used in the eligibility determination and if applicable a budget showing the calculation of the payment amount Readability NOAs must be written in clear nontechnical language Turner v McMahon requires all NOAs to be written at a 6th grade level to be understandable Only Stateissued NOAs or substitutions that have been approved by the State are to be used Language Compliance and Disability Access NOAs must be provided in the customers primary language when available Information that is inserted in the NOA such as manual variables or freeform text must also be provided in the customers primary language If the NOA is not available in the customers primary language the English NOA must be provided with the Notice of Language Services GEN 1365 and a County contact number Interpretive services are to be offered and provided to the customer Reasonable accommodations and assistance must be provided when a customer has a disability Refer to EPPG 0203 Adequate Notice Adequate Notice is a written notice to the customer that Informs of the intended County action and specific reasons for the action References the applicable state andor federal regulations that support the intended action Advises of hisher right to request a state hearing Describes the circumstances for which aid paid pending may be issued Notifies that CalWORKs aid paid pending must be repaid if the County action is upheld County of San Diego Health and Human Services Agency HHSA CalWORKs Program Guide Notice of Action NOA Requirements Number Page 22000A 2 of 3 The NOA must also inform the customer of what information or action is needed when appropriate to reestablish eligibility or determine the correct amount of aid Adequate notice must be provided when Aid is granted or increased Aid is denied decreased not changed following a midperiod report cancelled suspended or discontinued There is a demand for repayment of a CalWORKs or supportive services overpayment Actions are taken after a customer has conditionally withdrawn a request for a state hearing Immediate Need IN request is denied Compliance actions are taken regarding a state hearing decision There is a change to the manner or form of payment to a protective or vendor payment Timely Notice Timely notice is a written notice that is mailed to the customer at least 10 calendar days before the effective date of the action The 10day period does not include the NOA mailing date or the effective date of the action For Employment Services WelfaretoWork the timely notice requirement is 30 calendar days to inform a customer of an impending sanction due to failure or refusal to comply with program requirements An additional 10day NOA is not needed when proceeding with a sanction after an unsuccessful Compliance Plan Refer to CPG 10025A and related processing guides Timely notice must be provided for any actions that would result in discontinuance suspension cancellation or decrease of aid as well as any changes in the manner or form of payment to a protective or vendor payment with certain exceptions Timely notice is not required when CalWORKs is restored following a SAR 7 discontinuance even if there is a decrease in aid Factual information has been received confirming the death of a customer Customer has provided a signed written statement indicating aid is no longer requested Customer has provided a signed written statement with information that would result in a decrease or discontinuance of aid and indicates in writing that heshe understands that this must be the consequence of providing such information Aided child is removed from the home due to foster care placement Aid has been approved in a new jurisdiction and that fact has been verified by the County Special allowance granted for a specific period ends and the customer was notified in writing at the time of approval that the allowance would stop at the end of the specified period Mismanagement of funds has occurred Refer to CPG 44200F 44200G and 44200H There is no change to the aid amount as a result of a midperiod report The No Change NOA is to be sent as soon as administratively possible but no later than 30 days from the date of the report When timely notice is not required adequate notice must be provided no later than the effective date of the intended action unless otherwise specified County of San Diego Health and Human Services Agency HHSA CalWORKs Program Guide Notice of Action NOA Requirements Number Page 22000A 3 of 3 Timely Notice Waiver CalWORKs customers may waive the 10day notice requirement to avoid incurring an overpayment per CPG 44350A Timely notice is required until the County receives the signed waiver request Discontinuance Request CalWORKs customers may request to discontinue aid for the entire Assistance Unit AU or for an optional member at any time Verbal requests require adequate and timely notice Written requests require only adequate notice to inform that aid for the AU or optional member will be discontinued at the end of the month in which the written request is received Procedure Eligibility and Employment Services staff must ensure the requirements outlined in this policy are met when issuing any manual or systemgenerated NOAs Required Actions 1 Use the appropriate NOA for the intended case action Only NOAs that have been approved by the State or Eligibility Operations are to be used 2 Ensure the NOA is adequate languagecompliant and timely if required Add manual variables and freeform text as needed to ensure the NOA includes sufficient casespecific information 3 Document the issuance of the NOA in case comments including any language services or reasonable accommodations provided 4 Retain a copy of the NOA as part of the electronic or physical case record as appropriate ImpactsCalFresh CFPG 63303 Child Care CPG 10010F MediCal MPG 0417 CAPI CAPI PG 991062 General Relief GRPG 906005 CMS CMSPG 1501 References MPP 22001 22071 22072 40173 ACIN I0214 ACL 0315 1361 Sunset Date This policy will be reviewed for continuance by 09302022 Approval for Release Rick Wanne Director Eligibility Operations