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.1 Availability of hearings. Households aggrieved by actions of the CWD which affect the participation of the household in the Program shall be entitled to file for a state hearing if the action is subject to a state hearing. Further, a sponsor of an alien household is entitled to a state hearing either to contest a determination that the sponsor was at fault where it was determined that incorrect information has been provided or to contest the amount of the claim. State hearings shall be conducted in accordance with the provisions of Division 22.
.2 Notification of right to request hearing. At the time of application, each household shall be informed in writing of its right to a hearing, of the method by which a hearing may be requested, and that its case may be presented by a household member of a representative, such as a legal counsel, a relative, a friend or other spokesperson. In addition, at any time the household expresses to the CWD that it disagrees with a CWD action, it shall be reminded of the right to request a state hearing. If there is an individual or organization available that provides free legal representation in the county, the household shall also be informed of that service.
.3 Hearing request. A request for a hearing is defined as a clear expression, oral or written, by the household or its representative to the effect that it wishes to appeal a decision or that an opportunity to present its case to a higher authority is desired. If it is unclear from the household's request what action it wishes to appeal, the CWD may request the household to clarify its grievance. The freedom to make a request for a hearing shall not be limited or interfered with in any way.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-91-03 Effective 3/1/91
Page 465
FOOD STAMP REGULATIONS
Regulations CORRECTIVE ACTIONS 63-804 (Cont.)
63-804 STATE HEARINGS (Continued) 63-804
.4 Agency conferences. The CWD shall offer agency conferences to households which wish to contest a denial of expedited service under the procedures in 63-301.5. The CWD may also offer an agency conference to households adversely affected by an agency action. The CWD shall advise households that use of an agency conference is optional and that it shall in no way delay or replace the state hearing process. The agency conferences may be attended by the eligibility worker responsible for the agency action, and shall be attended by an eligibility supervisor and/or the agency director, and by the household and/or its representative. An agency conference may lead to an informal resolution of the dispute. However, a state hearing must still be held unless the household makes a written withdrawal of its request for a hearing.
.41 An agency conference for households contesting a denial of expedited service shall be scheduled within two working days, unless the household requests that it be scheduled later or states that it does not wish to have an agency conference.
.5 Time period for requesting hearing. A household shall be allowed to request a hearing on any action by the CWD or loss of benefits which occurred within the prior 90 days. In addition, at any time within a certification period a household may request a state hearing to dispute its current level of benefits.
.6 Continuation of Benefits
.61 Request for Continuation of Benefits
.611 If a household whose benefits have been reduced or terminated files a request for a hearing within the appropriate time frame, as specified in Section 63-804.62, and the household's certification period has not expired, the CWD shall continue the household's participation in the Food Stamp Program on the basis authorized immediately prior to the effective date of the reduction or termination unless the household specifically waives in writing the continuation of benefits.
(a) If a household requests a hearing because of the denial of a request for a replacement ATP or coupons, the denial of the request shall remain in effect pending the hearing decision.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-90-01 Issued 7/1/90
Page 466
FOOD STAMP REGULATIONS
63-804 (Cont.) CORRECTIVE ACTIONS Regulations
63-804 STATE HEARINGS (Continued) 63-804
(b) If a household requests a hearing due to a reduction or termination of benefits resulting from a mass change, except as specified in Section 63-107.9, the household shall be entitled to continuation of benefits only if the issue being contested is that its eligibility or benefits were improperly computed or that the CWD misapplied or misinterpreted state regulations.
(c) If a household requests a hearing due to a termination of benefits because the household failed to provide verification postponed for expedited service, the termination shall remain in effect pending the hearing decision.
.612 If the request for a hearing does not positively indicate that the household has waived continuation of benefits, the CWD shall assume that continuation of benefits is desired and shall issue the benefits, in accordance with Section 63-804.6. If CWD action is upheld by the hearing decision, a claim against the household shall be established for all overissuances as specified in Section 63-801.213.
.613 If the request for a hearing is not made within the appropriate time frame, as specified in Section 63-804.62, the CWD shall take no action to continue the household's benefits at the prior level. However, if the household establishes that its failure to make the request within the appropriate time frame was for good cause, in accordance with Section 22-053.15, the CWD shall reinstate the benefits to the prior level.
.62 Time Frame for Requesting Continuation of Benefits
A household's request for continuation of benefits shall be considered filed within the appropriate time frame if the hearing request is made within the period specified for the type of notice provided to the household. If the time frame for requesting a hearing and continuation of benefits ends on a weekend or holiday, the request shall be considered timely if it is filed the day after the weekend or holiday.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-94-02 Effective 2/1/94
Page 467
FOOD STAMP REGULATIONS
Regulations CORRECTIVE ACTIONS 63-804 (Cont.)
63-804 STATE HEARINGS (Continued) 63-804
.621 A household provided a timely notice of action, shall file their request as specified in Section 22-004 for a hearing prior to the effective date of the proposed reduction or termination of its benefits.
.622 A household provided a concurrent notice of action as specified in Section 63-504.264(b), shall file, as specified in Section 22-004, their request for a hearing prior to 10 days following the date the CWD mails this notice to the household.
.623 Section 63-804.623(MR) shall become inoperative and Section 63-804.623(QR) shall become effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) A household provided a notice of action informing the household of a proposed change in benefits or of a termination of benefits for the nonsubmittal of a complete CA 7, shall file its request prior to the effective date of the termination of its benefits.
(QR) A household provided a notice of action informing the household of a proposed change in benefits or of a termination of benefits for the nonsubmittal of a complete QR 7, shall file its request prior to the effective date of the termination of its benefits.
.63 Time Frames for Providing Continuation of Benefits
.631 The CWD shall provide continued benefits, as specified in Section 22-023.1, to any household entitled to such benefits within five working (5) days of the date:
(a) The CWD receives a written request from the household; or
(b) The CWD is notified by CDSS of the household's written request for a hearing; or
(c) CDSS receives the household's oral request for a hearing.
.632 Continued benefits shall not be provided to the household prior to the first regular issuance date when the household's benefits would have been reduced or terminated.
.64 Changes Pending the Hearing Decision
.641 Section 63-804.641(MR) shall become inoperative and Section 63-804.641(QR) shall become effective in that county, pursuant to the Director's QR/PB Declaration.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-04-07 Effective 7/1/04
Page 468
FOOD STAMP REGULATIONS
63-804 (Cont.) CORRECTIVE ACTIONS Regulations
63-804 STATE HEARINGS (Continued) 63-804
(MR) Any monthly reporting household whose benefits have been continued shall continue to file CA 7s until the end of its certification period.
(QR) Any QR household whose benefits have been continued shall continue to file QR 7s until the end of its certification period.
.642 Once continued or reinstated, benefits shall not be reduced or terminated, nor shall a claim awaiting a hearing decision be considered delinquent, prior to the receipt of the official hearing decision, unless any of the following situations occur while the hearing decision is pending:
(a) A household's certification period expires. The household may reapply and may be determined eligible for a new certification period and for an allotment calculated by the CWD.
(b) The hearing official makes a preliminary determination in writing at the hearing as specified in Section 22-022.523 that the sole issue is one of regulation and that the household's claim that the CWD improperly computed its benefits or misapplied or misinterpreted the regulations is invalid.
(c) A change in household circumstances other than the issue being contested results in a reduction or termination of the household's benefits and the household fails to file a request for a hearing and continuation of benefits after receiving the corresponding notice of action.
(d) A mass change reduces or terminates the household's benefits and the household fails to file a request for a hearing and continuation of benefits.
(e) Section 63-804.642(e)(MR) shall become inoperative and Section 63-804.642(e)(QR) shall become effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) A monthly reporting household fails to provide required verification of items on the CA 7 resulting in a reduction or termination of benefits, unless this is the issue being contested, and the household fails to file a request for a hearing and continuation of benefits after receiving the corresponding notice of action informing the household of a proposed change in benefits or of a termination of benefits for the nonsubmittal of a complete CA 7.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-04-07 Effective 7/1/04
Page 469
FOOD STAMP REGULATIONS
Regulations CORRECTIVE ACTIONS 63-804
63-804 STATE HEARINGS (Continued) 63-804
(QR) A QR household fails to provide required verification of items on the QR 7 resulting in a reduction or termination of benefits, unless this is the issue being contested, and the household fails to file a request for a hearing and continuation of benefits after receiving the corresponding notice of action informing the household of a proposed change in benefits or of a termination of benefits for the nonsubmittal of a complete QR 7.
(f) Section 63-804.642(f)(MR) shall become inoperative and Section 63-804.642(f)(QR) shall become effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) A monthly reporting household fails to file a CA 7 or fails to file a complete CA 7 by the extended filing date, resulting in a termination of benefits. The household does not file a request for a hearing and continuation of benefits after receiving the corresponding notice of action informing them of a termination of benefits for the nonsubmittal of a complete CA 7.
(QR) A QR household fails to file a QR 7 or fails to file a complete QR 7 by the extended filing date, resulting in a termination of benefits. The household does not file a request for a hearing and continuation of benefits after receiving the corresponding notice of action informing them of a termination of benefits for the nonsubmittal of a complete QR 7.
.643 The CWD shall notify the household as specified in Section 63-504.261 whenever benefits are reduced or terminated pending the hearing decision.
.7 Timely Action on Hearing Decisions
Decisions which result in an increase in a household's benefits shall be reflected in the coupon allotment within 10 days of the receipt of the hearing decision even if the CWD must provide a supplementary authorization document or otherwise provide the household with an opportunity to obtain the allotment outside of the normal issuance cycle. However, the CWD may take longer than 10 days if it elects to make the decision effective in the household's normal issuance cycle, provided that the issuance will occur within 60 days from the household's request for the hearing. Decisions which result in a decrease in household benefits shall be reflected in the next scheduled issuance following receipt of the hearing decision.
NOTE: Authority cited: Sections 10554, 11265.1, .2 and .3, 18904, and 18910, Welfare and Institutions Code. Reference: Sections 10554, 11265.1, .2, and .3, 18904, and 18910, Welfare and Institutions Code; and 7 CFR 271.2; 7 CFR 273.18(e)(6); and Food and Nutrition Service Quarterly Reporting/Prospective Budgeting waiver approval dated April 1, 2003.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-04-07 Effective 7/1/04
Page 470
FOOD STAMP REGULATIONS
63-805 CORRECTIVE ACTIONS Regulations