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• It is the responsibility of all who are concerned with the administration of assistance to do so with courtesy, consideration, and respect toward applicants and recipients and without attempting to elicit any unnecessary information. Administrative duties should be performed in such a manner as to secure for every applicant and recipient the amount of assistance to which they are entitled under the law. • The provisions of the law relating to public assistance are to be fairly and equitably construed. • There are to be no questions, inquiry, or recommendation relating to the political or religious opinions or affiliations of an applicant or recipient.
Existing state law provides that applicants and recipients are guaranteed a state fair hearing before an administrative law judge. Applicants and recipients have 90 days to request a state hearing if they disagree with an action taken by the County Welfare Department. Applicants and recipients can request such a hearing by calling a toll-free number in Sacramento, emailing a request to SHDCSU@DSS.ca.gov, filing online or by facsimile, or by delivering a written request with the county. For more information, go to CDSS’ state hearings request website, located at www.cdss.ca.gov/hearing-requests.
Hearing procedures are publicized on the State agency website and the hearing regulations are available on-line. The procedures provide for a face-to-face hearing, and a hearing by telephone or videoconference when the applicant or recipient agrees.
Every applicant or recipient is informed in writing at the time of application and at the time of any action affecting their claim of the right to a hearing, the method by which to obtain a hearing; and that they may be represented by an authorized representative, such as legal counsel, relative, friend, or other spokesperson, or they may represent themself.
CalWORKs provides a grievance procedure for regular employees and their representatives to resolve complaints of displacement by WTW participants. However, any existing grievance procedure that is part of a collective bargaining agreement will be used in lieu of the state’s grievance process.
In addition, counties are required to notify the appropriate labor union of the assignment of WTW participants to a worksite covered by a collective bargaining agreement. Posters informing employees of the displacement grievance process are to be posted at non-union work sites in which WTW participants are placed. The state’s grievance process consists of an informal procedure that may be followed with a formal hearing conducted by the State Hearings Division of the California Department of Social Services, if the informal procedure fails to resolve the complaint.