California Department of Social Services - State Hearings Division
Notes from the Training Bureau - April 14, 1997

In Aktar v. Anderson (discussed in ACIN I-24-96 dated April 26, 1996 and ACL 96-51 dated September 18, 1996) the Superior Court of the State of California for the County of Los Angeles issued a preliminary order prohibiting the California Department of Social Services (CDSS) and/or counties from using involuntary means to collect administrative error FS overissuances. Involuntary methods include, but are not limited to, administrative collection notices for administrative error overissuances, tax intercepts, and other civil collection procedures.

On January 22, 1997, the Court of Appeal of the State of California lifted the injunction against using involuntary means to collect FS overissuances which occurred on or after September 22, 1996. The court’s decision was based on Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which was implemented effective September 22, 1996.

This ACIN instructs counties to use October 1, 1996 as the date to implement the court decision.

The court also ruled that administrative error FS overissuances which occurred before October 1, 1996 cannot be collected by involuntary means. The CDSS appealed the Aktar ruling concerning overissuances before October 1996.