BILL NUMBER: AB 921	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Krekorian

                        FEBRUARY 22, 2007

   An act to amend Sections 10951 and 10960 of the Welfare and
Institutions Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 921, as introduced, Krekorian. 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 of Social Services. Existing law requires a request for
hearing to be filed within 90 days after the order or action
complained of.
   This bill would authorize a person to file a request for a hearing
more than 90 days after the order or action complained of, if the
claimant did not receive adequate notice or there is good cause for
filing beyond 90 days, as specified.
   Existing law authorizes an affected county or applicant or
recipient, within 30 days after receiving the proposed decision of an
administrative law judge adopted by the Director of Social Services,
a final decision rendered by an administrative law judge or a
decision issued by the director himself or herself, to file a request
with the director for a rehearing. Existing law requires the
director to grant or deny the request for rehearing between 5 and 15
working days after the receipt of the request.
   This bill instead would require the director to grant or deny a
rehearing request no more than 60 working days after the receipt of
the request. The bill would revise the rehearing procedures,
including specifying the criteria pursuant to which rehearing would
be granted, and the conditions under which new evidence may be
presented at the rehearing.
   This bill would also require the department to adopt regulations
to implement the above provisions, in consultation with
representatives of claimants and counties.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10951 of the Welfare and Institutions Code is
amended to read:
   10951.   (a)    No person shall be entitled to a
hearing pursuant to this chapter unless he files his request for the
same within 90 days after the order or action complained of. 
   (b) Notwithstanding subdivision (a), a person shall be entitled to
a hearing pursuant to this chapter if he or she files his request
more than 90 days after the order or action complained of, if the
claimant did not receive adequate notice, or there is good cause for
filing beyond 90 days. Nonreceipt of the notice or good cause shall
be established if the claimant, or his or her authorized
representative, establishes that the deadline was missed for any of
the following reasons, which resulted in the claimant not receiving
the notice or being unable to appeal within 90 days:  
   (1) A death in the family.  
   (2) Personal illness or injury.  
   (3) An emergency situation.  
   (4) A physical, mental, educational, or linguistic limitation,
including a lack of English proficiency, that prevented the claimant
from filing, or from understanding the need for or how to file, a
timely request for hearing.  
   (5) An action by, or information received from, a county welfare
department or State Department of Social Services employee that
misled the claimant.  
   (6) Action by a county welfare department or State Department of
Social Services employee that discouraged the claimant from
requesting a hearing.  
   (c) The department , in consultation with representatives of
claimants and counties, shall adopt regulations to implement
subdivision (b). 
  SEC. 2.  Section 10960 of the Welfare and Institutions Code is
amended to read:
   10960.   (a)    Within 30 days after receiving
the proposed decision of an administrative law judge adopted by the
director, a final decision rendered by an administrative law judge or
a decision issued by the director himself or herself, the affected
county or applicant or recipient may file a request with the director
for a rehearing. The director shall immediately serve a copy of the
request on the other party to the hearing and  such 
 that  other party may within five days of the service file
with the director a written statement supporting or objecting to the
request. The director shall grant or deny the request no 
earlier than the fifth nor later than the 15th   later
than the 60th  working day after the receipt of the request.
 If the director grants the request, the rehearing shall be
conducted in the same manner and subject to the same time limits as
the original hearing. If action is not taken by the director within
the time allowed, the request shall be deemed denied.  
   (b) The rehearing request shall include a statement regarding the
date the adopted decision was received. In the absence of this
statement, the date of receipt shall be the later of the following:
 
   (1) Three business days after the postmarked date on the envelope
containing the decision.  
   (2) Three business days after the date the decision was released
by the department or the hearing division.  
   (c) The filing date of the rehearing request shall be the
postmarked date on the envelope containing the rehearing request. If
the postmarked date is illegible, and the request for rehearing is
undated, the filing date shall be three business days before the date
the rehearing request is received by the department.  
   (d) Rehearing shall be granted based on one or more of the
following criteria:  
   (1) Newly discovered evidence not in the custody of or available
to the party requesting rehearing at the time of the first hearing is
now available, and the new evidence, had it been introduced, could
have changed the hearing decision.  
   (2) The adopted decision is inconsistent with law.  
   (3) The adopted decision is not supported by the evidence in the
record. 
   (4) The adopted decision is not supported by the findings. 

   (5) The adopted decision does not address all of the claims or
issues raised by the parties pursuant to Section 10958.1.  
   (6) The adopted decision does not set forth sufficient information
to determine the basis for its legal conclusion.  
   (e) If the rehearing request is to permit the presentation of
additional evidence, the request shall include all of the following:
 
   (1) A description of the additional evidence.  
   (2) A statement as to why the additional evidence was not
previously introduced.  
   (3) An explanation of the materiality of the additional evidence.
 
   (4) An explanation of how the additional evidence will change the
outcome of the hearing decision.  
   (f) If the director grants the request, the rehearing shall be
conducted in the same manner and subject to the same time limits as
the original hearing. If action is not taken by the director within
the time allowed, the request shall be deemed denied.  
   (g) The department, in consultation with representatives of
claimants and counties, shall adopt regulations to implement
subdivisions (b) to (f), inclusive.