Public social services: hearings.

Existing law authorizes an applicant for, or recipient of, public social services who is dissatisfied with certain actions of the county welfare department to request a hearing from the state department administering the social services. Existing law requires the hearing to be conducted by an administrative law judge, with an exception, and authorizes the administrative law judge, under certain circumstances, to render and adopt final decisions, with which decision the county director is required to comply and execute. This bill would require the county appeals representative to review all evidence in the county's possession prior to the hearing and, if the representative finds prescribed occurrences, to offer the claimant a conditional withdrawal or notice of action, as specified. This bill would require the conditional withdrawal to list the agreed-upon conditions that the claimant is required to meet, and require the county to issue any benefits for which the claimant is eligible following the claimant's meeting of those conditions. This bill would authorize a claimant to file for and reopen a state hearing under certain circumstances, at which the administrative law judge may render a decision. This bill would authorize a claimant to request a hearing conducted by telephone, or other electronic means, or at his or her home. This bill would require that certain notices relating to the hearing contain prescribed information. This bill would require the state department administering the social services to determine the format of the hearing if the county and the claimant disagree on its format. Existing law requires, if regulations require an agency to write a position statement concerning the issues in question in a fair hearing or if the agency chooses to develop such a statement, that not less than 2 working days prior to the date of the hearing the agency make available to the applicant for, or recipient of, public social services a copy of the agency's position statement, with an exception. This bill would require the county representative to prepare and transmit to a claimant who is scheduled for specified types of hearings and his or her representative the position statement so that it is received at least 2 working days prior to the hearing. This bill would require the administrative law judge to determine whether the county has met its burden of proof of establishing a prima facie case, with exceptions. This bill would require the administrative law judge to grant the claim if the judge finds that the county has not met its burden. By imposing a higher level of service on county appeals representatives, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would make its provisions operative upon the State Department of Social Services making a specified finding on its Internet Web site relating to the modification of court orders regarding penalties payable to claimants, as agreed to by the parties, in 2 specified cases.