BILL NUMBER: AB 2346	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Baker
   (Coauthor: Assembly Member Obernolte)

                        FEBRUARY 18, 2016

   An act to amend Section 10952.5 of the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2346, as introduced, Baker. Public social services: hearings.
   Existing law provides various public social services and requires
that an applicant for, or recipient of, public social services be
accorded an opportunity for a state hearing if, among other reasons,
the applicant or recipient is dissatisfied with any action of the
county department relating to his or her application for, or receipt
of, public social services. Existing law requires, if regulations
require a public or private 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, the agency to make available to
the applicant or recipient a copy of the agency's position statement
at the county welfare department not less than two working days
prior to the date of the hearing. Existing law excludes the State
Department of Health Care Services and the State Department of Public
Health from that requirement.
   This bill would additionally require a public or private agency to
provide a copy of the agency's position statement to the applicant
or recipient through electronic means and would require the State
Department of Health Care Services to make its position statement
available to the applicant or recipient and the State Department of
Social Services through electronic means, as specified. The bill
would also make technical, nonsubstantive changes to these
provisions.
   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 10952.5 of the Welfare and Institutions Code is
amended to read:
   10952.5.   (a)    If regulations require a
public or private agency to write a position statement concerning the
issues in question in a fair hearing, or if the public or private
agency chooses to develop  such a   that 
statement, not less than two  working days prior to 
 business days before the date of a hearing provided for
pursuant to this chapter, the public or private agency shall make
available to the applicant for, or recipient of, public social
services requesting a fair hearing, a copy of the public or private
agency's position statement on the forthcoming hearing. The public or
private agency shall make the copy available to the applicant or
recipient at the county welfare department.  
department and through electronic means.  A public or private
agency shall be required to comply with  the provisions of
 this section only if the public or private agency has
received a 10-day prior notice of the date and time of the scheduled
hearing. 
   If 
    (b)     If  the public or private
agency does not make the position statement available not less than
two  working days prior to   business days
before  the hearing or if the public or private agency decides
to modify the position statement, the hearing shall be postponed upon
the request of the applicant or recipient,  provided
  if an applicant or recipient agrees to waive the
right to obtain a decision on the hearing within the deadline that
would otherwise be applicable under regulations. A postponement for
reason of the public or private agency not making the position
statement available within not less than two  working
  business  days shall be deemed a postponement for
good cause for purposes of determining eligibility to any applicable
benefits pending disposition of the hearing. 
   For purposes of this section "public or private agency" shall not
include the State Department of Health Services.  
   (c) Subdivisions (a) and (b) shall not apply to the State
Department of Health Care Services or the State Department of Pubic
Health, except that the State Department of Health Care Services
shall make its position statement available to the applicant or
recipient and the State Department of Social Services through
electronic means not less than two business days before the scheduled
hearing.