County of San Diego Health and Human Services Agency HHSAGeneral Relief Program Guide GRPG Hearing Process Number Page 909003 1 of 3 Issue Date June 15 2015 Effective Date Upon receipt General 909003A GR Hearings are usually held without the worker present Therefore it is essential the case record have sufficient documentation to stand alone However upon a 1 work day advance notice the worker may be requested to be on standby to give telephone testimony If the presence of the worker has been requested it will also be with 1 work day advance notice and will be considered County release time If the worker is on approved leave the applicantrecipient will have the option to proceed without the workers presence or to have the hearing continued until the worker can be present Aid Paid Pending APP should be paid if the hearing is rescheduled due to the workers unavailability For a worker on standby interviews with the applicantsrecipients at Family Resource Centers FRCs are not to be interrupted for the hearing The applicantrecipient will have the option to proceed without the workers testimony or to have the hearing continued when the worker is available The Hearing Officer will determine if additional witnesses not present at the hearing must be contacted to ensure a fair rendering of a decision If appropriate the Hearing Officer will use the speakerphone in the hearing room to contact witnesses This affords the applicantrecipient the opportunity to confront and crossexamine adverse witnesses The telephone in the hearing room will have conference call capability enabling all parties equal access to the entire conversation The Hearing Officer will review the case file and admit items into evidence during the hearing with a detailed description for example Case Comments from March 1 2011 through May 30 2011 or NOAs dated May 20 2011 Copies of the items admitted into evidence may be provided to the customer or representative with the exception of items that by rule are not to be provided If additional information is needed and the witness is not available during the hearing the Hearing Officer will request the information in writing and copy the customer or representative on the request and response There will be no phone calls or other gathering of information not in the presence of the customer or representative outside of the hearing The customer or representative will be allowed the opportunity to respond to or refute the additional information that was obtained If needed a continued Hearing could be scheduled The settlement agreement in the WRO v Bacon decision provides that each GR Hearing will be tape recorded Purpose To provide instructions for reception in the GR hearing process Policy Hearing Process Number 909003 Page 2 of 3 Follow the requirements identified below for the GR hearing process Procedure 909003B Hearing Procedures County of San Diego Health and Human Services Agency HHSA General Relief Program Guide GRPG The table below shows the actions for the GR Hearing and the responsible individual Step Responsibility Action 1 GR Hearing Explain how the hearing will be conducted 2 Officer Follow requirements under WRO v Bacon noted in 909004D 3 Administer an oath or affirmation to the applicantrecipient and any witnesses to tell the truth of the facts as they relate to the issue 4 Administer an oath or affirmation to any interpreter or translator requiring an accurate translation 5 Conduct the hearing in a fair and impartial manner 6 Record notes for hearing decision preparation 7 Limit the issues to those which are reasonably related to the request for hearing 8 Review the proposed County action and the preceding events pointbypoint 9 Evaluate the witness credibility apparent knowledge of the facts and extent of memory of the facts related 10 Ensure the hearing rights of the applicantrecipient are observed 11 Appeals Manager Routinely review all GR Hearing decisions 909003C General Provisions for Hearing Decisions A decision is to be completed within 15 calendar days from the date of the hearing Extenuating circumstances are to be documented and APP extension may be required The GR Hearing Clerk will image the decision in CERMS and distribute copies to the following o Applicantrecipient o GR Hearings files in the Appeals Section o Authorized Representative if any The GR Hearing Officer will note the reductionadjustment in the Work Project WP or Job Searches JS in the decision The Appeals Manager will routinely review all GR hearing decisions Aid will be retroactively granted when a denial is found in error If otherwise eligible the effective date of aid and the date of the lien will be the date of application or when all eligibility factors are met whichever is later Aid will be retroactively granted to the effective date of the adverse action when a discontinuance or grant reduction is found in error The FRC will take action to grant or restore aid within 30 days of the date of the decision If Then APP has been it will be adjusted out of the aid payment County of San Diego Health and Human Services Agency HHSAGeneral Relief Program Guide GRPG Hearing Process Number Page 909003 3 of 3 issued the decision is against the claimant APP will be considered an overpayment the FRC disagrees with the decision a review may be requested after the decision has been implemented and all documents are imaged in the case record The entire case with a lettermemo explaining the areas of disagreement including GRPG references will be sent to the Appeals Manager The Appeals Manager will review the hearing decision and provide a written response to the FRC Manager 909003D Retroactive Aid v New Application The table below shows if a new application or retroactive aid will be required When Then the denial action was not in accordance with regulations and all other eligibility factors were met at the time of the denial retroactive aid will be paid the discontinuance or reduction of aid was not in accordance with regulations the recipient presents verification of attendance at a WP when the discontinuance was due to nonattendance verification of good cause for failure to meet JS or WP requirements is provided a denial is overturned by the hearing decision but all other eligibility factors were not met at the time of the denial a new application will be required the recipient was provided the opportunity to verify JS contacts but failed to do so at that time without good cause but later provides the verification at the hearing Note In this situation the GR Hearing Officer will find for the County but will waive the sanction or penalty ImpactsOther Programs Impacted None References GRPG Letters 68 77 and 81 Sunset Date This policy will be reviewed for continuance by June 30 2018