12 Fair Hearings,2605(b)(13) - Assurance 13

12.1 How many fair hearings did the Grant recipient have in the prior federal Fiscal Year? 0 12.2 How many of those fair hearings resulted in the initial decision being reversed? N/A 12.3 Describe any policy and/or procedural changes made in the last federal Fiscal Year as a result of fair hearings? There were no changes. 12.4 Describe your fair hearing procedures for households whose applications are denied and/or not acted upon in a timely manner. CSD follows procedures outlined in 22 CCR Section 100805(c) – (d). (c) Should the applicant decide to appeal to CSD, the applicant shall submit a written appeal request to CSD within ten (10) working days from the date of the contractor’s final decision. Upon request from CSD, the contractor shall provide all supportive documentation to CSD, postmarked within ten (10) working days of the request. (d) CSD shall provide an opportunity for an administrative fair hearing if an applicant’s concern is not resolved by appeal to the contractor. Within five (5) working days, upon receipt of a request for a fair hearing, CSD shall schedule a fair hearing to be conducted no later than fifteen (15) working days from receipt of a request for a fair hearing. The fair hearing shall be conducted in accordance with the following criteria: (1) The hearing shall be held in a place reasonably convenient to the applicant and open to the public. (2) The applicant shall receive notification of the hearing no less than five (5) working days before the scheduled hearing, to enable a proper preparation of the applicant’s appeal. (3) The applicant shall have an opportunity to review his/her claim file, which contains all the evidence to be presented, prior to the hearing. (4) The hearing officer shall be an impartial adjudicator who has not participated in the decision being appealed. (5) The applicant is guaranteed the right to: (A) Have a representative at the hearing; (B) Present evidence, including oral and/or written statements on his/her behalf; (C) Present witnesses; and (D) Cross-examine witnesses. (6) The applicant shall be given the opportunity to elect to have the matter determined through use of a declaration in lieu of personal appearance. (7) The hearing officer shall issue a final decision, in writing, within thirty (30) calendar days following the conclusion of the fair hearing. 12.5 When and how are applicants informed of these rights? Applicants are informed of their appeal rights by subgrantees pursuant to 22 CCR Section 100805(b) (excerpt below), as well as by CSD upon receipt of a service-related complaint or request or appeal. (b) A written appeals process shall be established by each contractor and shall be provided to all applicants who are denied assistance. (1) Procedures for the review of partial or complete denial of assistance to any person or household shall include the following: (A) Provisions for notifying the applicant in writing of the reasons for denial of assistance and advising the applicant that he/she may request a review of the denial and may submit additional information (in writing or orally) which the applicant believes would warrant a favorable determination. (B) Provisions for reviewing the denial of an application for assistance in an expeditious manner if such is requested by the applicant. This shall include the specific assignment of responsibility to a senior level official or standing committee other than the person making the initial determination. (C) Provisions for notifying the applicant of the contractor’s final decision. (D) The methods the contractor will employ to notify applicant of the existence of the appeals process. (E) Provisions for ensuring that every effort will be made to provide persons who do not comprehend English with written materials and/or procedures in the appropriate language(s). (F) Provisions for the retention of documents relating to specific denials of assistance and action(s) taken by the contractor. Such records must be maintained in the contractor’s files for three years and shall be available for review by CSD officials upon request. (G) Provisions to inform applicants that an appeal to CSD may be requested as part of the fair hearing process and provisions for providing a description to the applicant of the process and criteria for appeal to CSD as outlined in subsections (c) and (d) of this section. (2) A written description of the aforementioned required procedures shall be maintained on file by the contractor and shall be available for public inspection. California regulations regarding the LIHEAP appeal process can be found here: Section 100805 - Appeal Process, Cal. Code Regs. tit. 22 § 100805 If any of the above questions require further explanation or clarification that could not be made in the fields provided, attach a document with said explanation here.