County of San Diego Health and Human Services Agency HHSA General Relief Program Guide GRPG Number
Page
Hearing Process
909003
1 of 3
Revision Date
April 1 2021
A Background
General Relief GR Hearings are usually held without the Human Services Specialist HSS present Therefore it is essential the case record have sufficient documentation to stand alone However upon a one workday advance notice the HSS may be requested to be on standby to give telephone testimony If the presence of the HSS has been requested it will also be with one workday advance notice and will be considered County release time If the HSS is on approved leave the customer will have the option to proceed without the HSSs presence or to have the hearing continued until the HSS can be present Aid Paid Pending APP should be paid if the hearing is rescheduled due to the HSSs unavailability For a HSS on standby interviews with the customers at Family Resource Centers FRCs are not to be interrupted for the hearing The customer will have the option to proceed without the HSSs testimony or to have the hearing continued when the HSS 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 customer 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 except for 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 recorded
Purpose
To provide instructions for reception in the GR hearing process
Policy
Follow the requirements identified below for the GR hearing process
Procedure B Hearing Procedures
The table below shows the actions for the GR Hearing and the responsible individual
Step Responsibility Action
County of San Diego Health and Human Services Agency HHSA General Relief Program Guide GRPG Number
Page
Hearing Process
909003
2 of 3
5
6
7
10
11
GR Hearing Officer
Appeals Manager
Explain how the hearing will be conducted
Follow requirements under WRO v Bacon noted in 909004D
Administer an oath or affirmation to the customer and any witnesses to tell the truth of the facts as they relate to the issue
Administer an oath or affirmation to any interpreter or translator requiring an accurate translation
Conduct the hearing in a fair and impartial manner
Record notes for hearing decision preparation
Limit the issues to those which are reasonably related to the request for hearing
Review the proposed County action and the preceding events pointbypoint
Evaluate the witness credibility apparent knowledge of the facts and extent of memory of the facts related
Ensure the hearing rights of the applicantrecipient are observed
Routinely review all GR Hearing decisions
C 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
Customer
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
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
APP has been issued
the decision is against the claimant
the FRC disagrees with the decision
Then
it will be adjusted out of the aid payment
APP will be considered an overpayment
a review may be requested after the decision has been implemented and all documents are imaged in the case record 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 If the decision is amended required actions will be included in the response
County of San Diego Health and Human Services Agency HHSA General Relief Program Guide GRPG
Hearing Process Number Page
909003 3 of 3
D Decision The decision will state if the Countys action is upheld or overturned and the reason for the decision It will also state the required actions if overturned ImpactsOther Programs Impacted None References County policy Sunset Date This policy will be reviewed for continuance by March 31 2024 Approval for Release Rick Wanne Director Eligibility Operations