BILL ANALYSIS �
SB 320
Page 1
Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
SB 320 (Wright) - As Amended: June 12, 2012
SENATE VOTE : 31-7
SUBJECT : Public social services: hearings
SUMMARY : Specifies procedures pertaining to state
administrative hearings requested by applicants for or
recipients of public social services. Specifically, this bill :
1)Requires that, prior to a state hearing requested by an
applicant or recipient of public social services who is
dissatisfied with any action of the county relating to his or
her application for or receipt of services, the county appeals
representative shall review all evidence in the county's
possession relevant to the state hearing claim.
2)Requires that, if the county representative determines that
the county erred, the claimant's is eligible for a benefit or
service, or a CalWORKs overpayment or CalFresh benefit
overissuance was invalid, the county representative shall
offer the claimant a conditional withdrawal agreeing that the
county shall, as applicable, issue the benefits or provide the
services in question, or cancel the overpayment or
overissuance allegation and refund any money already
collected.
3)Requires a conditional withdrawal to specify the actions both
parties shall complete and specifies applicable timelines.
4)Requires the county to comply with the terms of the
conditional withdrawal and issue a notice of action to the
claimant describing its compliance.
5)Provides that the claimant may file for a state hearing within
90 days, subject to a good cause exception, if the claimant is
dissatisfied with the county's actions specified in the notice
of action.
6)Provides that the administrative law judge (ALJ) shall have
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complete discretion to determine if there is sufficient
evidence in the record to render a final decision on the
notice of action resolving the dispute on the merits and
ordering the county to comply with the terms of the final
decision.
7)Provides that a claimant may reopen the state hearing to
enforce the terms of the conditional withdrawal if the county
does not issue the required notice of action and authorizes
the ALJ to render a final decision and order.
8)Provides for the in-person or mail delivery of the written
conditional withdrawal, or upon request of the claimant and
with the claimant's written permission, for electronic
transmission after the Department of Social Services (DSS)
certifies to the Legislature that it has the technology to
implement electronic transmission in compliance with privacy
laws.
9)Finds and declares that the financial cost of attending an
administrative hearing, the limitations imposed by work,
training, education, lack of transportation and child care,
illness or disability, and inclement weather, prevent
claimants from attending hearings, and that hearings conducted
by telephonic or other electronic means would better enable
claimants to access the fair hearing process.
10)Provides that DSS may schedule a hearing as it deems
appropriate but that a claimant shall have the right to
request and receive an in-person hearing.
11)Requires claimants to be given information regarding the
different formats of how a hearing may be conducted, including
in-person, by telephone, or other electronic means, or at the
claimant's home, the right to an in-person hearing, and how to
request a specific type of hearing or change in format.
12)Requires the claimant to request a change in format within 5
days of receipt of the notice scheduling the hearing and
provides that failure to meet the 5-day requirement may result
in postponement of the hearing.
13)Provides that DSS shall decide on the format if the claimant
disagrees with a county's request for an in-person hearing,
and specifies notice requirements if DSS decides to change the
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format of a hearing that had already been set.
14)Provides that DSS may require medical verification that the
claimant's condition prevents the claimant from traveling to
the hearing location from a claimant seeking a hearing at his
or her home.
15)Requires the notice to the claimant of the time and place of
a hearing to inform the claimant how to submit evidence and
other documents if the claimant or ALJ will be appearing by
telephone or other electronic means.
16)Requires, in the case of hearings that are scheduled by
telephone or, if the claimant has an e-mail address, by other
electronic means, or at the claimant's home, that the county
transmit the position statement to the claimant and his or her
designated representative so that it will be received at least
2 working days prior to the hearing.
17)Requires the county to present its evidence first to
establish a prima facie case, and authorizes the ALJ to then
determine on the record whether or not the county met its
burden of proof. If the ALJ determines the burden was not
met, requires that the claim be granted without further
hearing.
18)Authorizes the ALJ to continue the hearing in order to
determine if the county has met its burden of proof if the ALJ
determines the issue is too complex to make the determination
immediately.
19)Specifies issues and claims not subject to a burden of proof
determination by the ALJ, including, but not limited to,
jurisdiction, abandonment claims, and claims where the
claimant has failed to specify an issue and the county has
been unable to determine an issue in dispute.
EXISTING LAW
1)Allows 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
Department of Social Services (or the Department of Health
Care Services when applicable) no later than 90 days after the
order or action complained of, with specified exceptions.
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2)Requires the DSS to set a hearing to commence within 30
working days after the request is filed, and to send written
notice of time and place of the hearing at least 10 days prior
to the hearing. Requires the county agency to make available
to the applicant for, or recipient of, public social services
a copy of the agency's position statement within two working
days prior to the hearing, 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. Requires the hearing to be postponed at the
request of the applicant or recipient if the position
statement is not made available as required. Provides for
specified exceptions.
3)Provides for timelines and reasons for postponements, adoption
of decisions, rehearings, award determinations, subsequent
notices, and requests for additional information.
4)Provides that ALJs employed by DSS shall conduct a hearing,
unless the director of the department orders the hearing to be
conducted by him or herself; allows the director to contract
with the Office of Administrative Hearings to conduct
hearings.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill "is a state
hearing efficiency measure to streamline the hearing process and
make it more efficient without impeding the due process rights
of claimants for whom the hearing process is designed to
protect."
Conditional withdrawals : This bill specifies procedures for
resolving complaints without the necessity for a hearing when a
county determines that its determination with respect to
services or benefits was erroneous. In such instances, the
county must offer a conditional withdrawal rescinding the action
and specifying the conditions that must be met within 30 days.
If, upon receiving a notice of compliance with the conditions
from the county the claimant is not satisfied that the
conditions have been met, the claimant may request a hearing
within 90 days.
This bill provides that, at the hearing, the ALJ has "complete
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discretion" to determine if there is sufficient evidence in the
record to render a "final" decision resolving the dispute on the
merits and ordering the county to comply with the terms of the
final decision. This language would authorize the ALJ to review
the existing record and then exercise "complete discretion"
concerning the county's compliance with the terms of the
conditional withdrawal. Giving the ALJ "complete" discretion to
render a "final" decision may imply that the ALJ's decision is
not subject to judicial review. Therefore, it is recommended
that this bill be amended to state that the ALJ "may" determine
that there is sufficient evidence in the record to render a
decision, without suggesting that the ALJ has absolute
discretion in this regard. (See, Recommended Amendment No. 1,
below.)
If the county does not issue a notice of action at all
concerning the county's compliance with the terms of a
conditional withdrawal, the claimant may reopen the hearing to
address the county's compliance. If the ALJ finds
noncompliance, this bill similarly grants the ALJ "complete
discretion" to determine if there is sufficient evidence in the
record to render a "final" decision resolving the dispute on the
merits. Again, this may suggest that the ALJ's determination is
not subject to judicial review. It is recommended that this
provision likewise be amended to say that the ALJ may determine
that there is sufficient evidence in the record to render a
decision on the merits, without suggesting the ALJ has absolute
discretion. (See, Recommended Amendment No. 2, below.)
Right to an in-person hearing : Subject to the claimant's right
to an in-person hearing, this bill allows and specifies
procedures for alternative forums for holding
hearings-telephonically or by other electronic means, or in the
person's own home if the claimant establishes that he or she is
unable to travel to a hearing site. While a notice of the
scheduled hearing by telephone or other electronic means must
inform the claimant of "his or her right to have the hearing
conducted in person," there is not clear statement of this
right. It is recommended that this bill be amended to more
clearly state that the claimant has a right to an in-person
hearing. (See, Recommended Amendment No. 3, below.)
County's initial burden of proof : In addition, this bill
establishes the county's burden to prove its prima facie case
prior to presentation of the claimant's evidence, and the ALJ's
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authority to grant the claimant's claim if, following the
county's presentation of evidence, it determines that the county
has not met its burden.
RECOMMENDED AMENDMENTS
1)Amend new Welfare & Institutions (W&I) Code Section
10968(b)(3)(B), page 4, lines 16-21, as follows:
If the notice of action relates to the agreed upon terms of
the conditional withdrawal pursuant to paragraph (2), the
administrative law judge at the hearing shall have complete
discretion to may determine if that there is sufficient
evidence in the record to render a final decision resolving
the dispute on the merits and to order the county to comply
with the terms of the final decision.
2)Amend new W&I Section 10968(b)(4), page 4, lines 22-31, as
follows:
If the county does not issue a notice of action as required in
paragraph (2), the claimant may reopen the state hearing to
enforce the terms of the conditional withdrawal. A reopened
hearing pursuant to this paragraph shall address whether the
county has complied with the terms of the conditional
withdrawal, and if the administrative law judge finds
noncompliance with the terms of the conditional withdrawal,
the judge shall have complete discretion to may determine if
that there is sufficient evidence in the record to render a
final decision resolving the dispute on the merits and to
order the county to comply with the decision.
3)Amend new W&I Code Section 10969(a), page 5, lines 10-19, as
follows:
The Legislature finds and declares that claimants have a right
to have administrative hearings conducted in person. However,
the financial cost of attending an administrative hearing, and
the limitations on the ability to attend imposed by work,
training, education, living in areas lacking public
transportation, lack of child care coverage, illness or
disability, and inclement weather, may prevent a claimant from
accessing a hearing and exercising his or her full right to
due process of law. A hearing conducted by telephone, or other
electronic means, would enable the claimant to access the fair
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hearing process when he or she is unable to attend the hearing
in person.
REGISTERED SUPPORT / OPPOSITION :
Support
California Coalition of Welfare Rights Organizations (CCWRO)
(sponsor)
Opposition
None on file
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089