AB 1776, as introduced, Nazarian. 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 state department administering the social services to set the hearing to commence within 30 working days after the request is filed, and to give written notice to the parties at least 10 days prior to the hearing. 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 authorize a recipient requesting a hearing to access communications and notices electronically, rather than receiving those communications by mail, in counties where that electronic communication is available. The bill would require the State Department of Social Services and the State Department of Public Health, in consultation with recipient advocates and representatives of county human services departments, to develop a process for recipients to choose to receive notices or other communications electronically, and to establish statewide protocols relating to the failure of electronic communication to ensure timely receipt of hearing-related information.
This bill would require the county representative to offer the recipient a conditional withdrawal or notice of action, as specified, if a hearing concerns a recipient’s eligibility for a benefit or service and the county representative finds that certain acts or evidence would establish the recipient’s eligibility for that benefit or service or concludes that the county erred. The bill would require the conditional withdrawal to list the agreed-upon conditions that the recipient is required to meet, and require the county to issue any benefits for which the recipient is eligible following the recipient’s meeting of those conditions.
By imposing a higher level of service on counties, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 10952 of the Welfare and Institutions
2Code is amended to read:
The department shall set the hearing to commence
4within 30 working days after the request is filedbegin delete,end delete and, at least 10
5days prior to the hearing, shall give all parties concerned written
6notice of the time and place of the hearing.begin insert This notice may be
7provided to a recipient electronically if he or she has opted for
8electronic access pursuant to Section 10968. end insert
Section 10968 is added to the Welfare and Institutions
10Code, to read:
(a) This section shall be known, and may be cited, as
12the State Hearings Efficiency Act of 2014.
13(b) A recipient requesting a hearing may, at any time, in writing,
14choose to access communications and notices electronically, rather
15than receiving those communications by mail, in counties where
P3 1that electronic communication is available. If the recipient chooses
2to access communications electronically, the recipient shall be
3informed in writing of his or her right to opt out of the electronic
4communications designation at any time, in accordance with
5subdivision (e) and pursuant to federal law.
6(c) The State Department of Social Services
and the State
7Department of Public Health, in consultation with recipient
8advocates and representatives of county human services
9departments, shall develop a process by which recipients may
10choose to receive electronically notices of action or other
11communications relevant to the hearing. In developing this process,
12the departments shall ensure that the due process and privacy rights
13of all recipients are protected.
14(d) A notice or other form of communication shall not be sent
15electronically unless that method of communication has been
16affirmatively requested by the recipient. A record of the request
17and of each notice and communication sent electronically shall be
18maintained in the recipient’s case file for three years, as required
19by Section 10851.
20(e) A recipient may, in writing, in person, by telephone, or by
21electronic means,
opt out of the electronic notices designation. A
22request to opt out shall be processed as soon as administratively
23possible.
24(f) (1) All communications sent or made available electronically
25to recipients of aid shall be sent or made available using a secured
26server and shall require a password for access. Notices and official
27communications relating to a state hearing shall not be sent in the
28body of an email or as an attachment to an email.
29(2) Each electronic communication or Internet Web site where
30electronic communications are accessed shall inform recipients of
31their right to opt out of receiving electronic communications at
32any time, with instructions for how to do so.
33(g) The State Department of Social Services, in conjunction
34with the
State Department of Public Health, shall implement a
35system for determining when an electronic communication has
36failed, and shall establish statewide protocols relating to failed
37electronic communications to ensure timely receipt of
38hearing-related information. These protocols, at a minimum, shall
39require that the failed communication be mailed to the recipient
40and that the electronic communication designation be terminated
P4 1until it is again requested by the recipient. A county may establish
2its own process for addressing failed electronic communications,
3if either department certifies that the process complies with the
4statewide protocols established pursuant to subdivision (b).
Section 10969 is added to the Welfare and Institutions
6Code, to read:
(a) If a hearing concerns a recipient’s eligibility for a
8benefit or service and the county representative finds that certain
9acts or evidence would establish the recipient’s eligibility for that
10benefit or service or concludes that the county erred, the county
11representative shall offer the recipient a conditional withdrawal.
12The conditional withdrawal shall list the agreed-upon conditions
13that the recipient is required to meet, which may include, but are
14not limited to, providing specific information. The conditional
15withdrawal shall include the requirements that the county
16reevaluate the case following the recipient meeting those
17conditions, and if the recipient is determined to be eligible for
18benefits or services, the county shall issue those benefits or provide
19those services for which the recipient is
determined to be eligible.
20(b) In order to prevent multiple costly filings of state hearings,
21if the hearing concerns the validity of a CalWORKs overpayment,
22a CalFresh benefit overissuance allegation, or both, and the county
23representative does not find evidence adequate to support the
24allegation of the validity of the overpayment, overissuance, or
25both, then the county representative shall offer the recipient a
26conditional withdrawal agreeing both to permanently cancel the
27allegation of the overpayment, overissuance, or both, and to refund
28to the recipient any money already collected toward repayment of
29the alleged overpayment, overissuance, or both.
30(c) In order to avoid reopening a conditionally withdrawn
31hearing, the county may issue a notice of action to the recipient
32describing its compliance with the terms of the conditional
33
withdrawal. Any aid paid pending the outcome of the hearing shall
34continue until the notice of action complying with the terms of the
35conditional withdrawal is issued.
If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P5 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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