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Code
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Effective
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ParaReg Text
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200-1
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Persons wishing to file a complaint may file a complaint with
the county or may contact the California Department of Social Services in
writing or by calling toll free 1-800-952-5253. They may also file a
complaint by contacting the welfare department in the county in which they
reside. The complaint shall be handled in accordance with Division 22-100.
(§63-106.1)
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200-2
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State law provides that eligibility of all FS households shall
be determined in accordance with federal law. (W&IC §18901)
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200-3
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State hearings under the FS Program shall be conducted in
accordance with the provisions of Division 22. (§63-804.1)
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200-4
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In the FS Program, all state hearings shall be decided or
dismissed and the claimant and the county notified of the decision within 60
days from the date of the request for a state hearing except when the
claimant waives such requirement, or withdraws or abandons the request for
hearing. (§22-060.11)
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200-5
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For purposes of this decision, W&IC is the abbreviation for
the Welfare & Institutions Code.
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200-6
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Federal regulations deal with the FS
household's rights during the hearing.
These rights include, but are not limited to the following:
The household or
its representative must be given adequate opportunity "to examine all
documents and records to be used at the hearing at a reasonable time before
the hearing as well as during the hearing.
The contents of the case file including the application form and
documents of verification used by the state agency to establish the
household's ineligibility or eligibility and allotment shall be made
available", although certain confidential information is protected from
release. The agency shall provide free
copies of relevant portions of the case file on request. "Confidential information that is
protected from release and other documents or records which the household
will not otherwise have an opportunity to contest or challenge shall not
be introduced at the hearing or affect the hearing official's decisions." [Emphasis added]
(7
Code of Federal Regulations §273.15(p)(1))
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200-7
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In the FS program, decisions of the hearing authority shall
comply with Federal law and regulations and shall be based on the hearing
record. (7 Code of Federal Regulations (CFR) §273.15(q)(1))
"A decision by the hearing authority shall be binding on
the State agency and shall summarize the facts of the case, specify the
reasons for the decision, and identify the supporting evidence and the
pertinent Federal regulations." (7 CFR §273.15(q)(2))
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200-8
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ADDED 9/08
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The Food Conservation and Energy Act of 2008, which is part of the Farm
Bill of 2008 (P.L. 110-246) renames the Food Stamp Program the “Supplemental
Nutrition Assistance Program” or SNAP and renames the Food Stamp Act of 1977
the “Food and Nutrition Act of 2008” effective October 1, 2008.
Note: The implementation of provisions effective October 1, 2008 is
contingent upon an approved State Budget.
(All County Letter 08-37, August 1, 2008)
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201-1
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If a household believes that it is entitled to restoration of
lost benefits but the county does not agree, the household has 90 days from
the date of the county determination to request a state hearing. The county
shall restore lost benefits to the household only if the state hearing
decision is favorable to the household. Benefits lost more than 12 months
prior to the date the county was initially informed of the household's
possible entitlement to lost benefits shall not be restored. (§63-802.42)
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201-2
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A household shall be allowed to request a hearing on any action
by the county 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. (§63-804.5) If a
household believes that it is entitled to restoration of lost benefits but
the county does not agree, the household has 90 days from the date of the
county determination to request a state hearing. (§63-802.42)
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201-3
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Federal regulations provide that a household shall be allowed to
request a hearing on any action by the state agency or loss of benefits which
occurred in the prior 90 days. Action by the state agency shall include a
denial of a request for restoration of any benefits lost more than 90 days
but less than a year prior to the request. In addition, at any time within a
certification period a household may request a fair hearing to dispute its
current level of benefits. (7 Code of Federal Regulations (CFR) §273.15(g))
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201-4
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An FS notice shall be considered adequate if it explains in
easily understandable language the proposed action, the reason for the
proposed action, the household's right to request a state hearing, the
availability of continued benefits, and the potential liability of the
household for any overissuance received while awaiting a state hearing, if
the hearing decision is adverse to the household. The notice must also
contain the telephone number that an individual may contact for additional
information. For households living outside the local calling area, the notice
shall contain a toll-free number or a number where collect calls will be
accepted. An adequate notice must also advise the household of the
availability of free legal representation, if any. (§63-504.211)
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201-5
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A request for state hearing must be filed within 90 days of the
action or inaction with which the claimant is dissatisfied. In the Food Stamp
Program, the appropriate time limits are set forth in §§63-802.4 and
63-804.5. If the claimant received adequate and language-compliant notice of
the action, the date of the action is the date the notice was mailed or given
to the claimant. (§22-009.1)
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201-8
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REVISED 8/04
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The Notice of Action sent when the
household fails to file a CA 7/QR 7 by the 11th of the report/submit month or
files an incomplete CA 7/QR 7 shall include:
(a)
That the CA 7/QR 7 is overdue or incomplete.
(b)
What the household must do to complete the CA 7/QR 7.
(c) What verification is missing and the
effect on the household's benefit level.
(d)
That the SSN of a new member must be reported.
(e)
The extended filing date.
(f)
That the county will assist the household in completing the report.
(§63-508.61)
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201-9
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When the county has determined that a work
registrant has voluntarily quit a job without good cause, it shall notify the
household of the proposed disqualification within 10 days of that
determination. In addition to the
requirements of §63-504.21, the notice shall:
1. Explain
the reason for the proposed disqualification.
2. Specify that the sanction period
shall begin the first of the month following the month the registrant is
provided timely notice and shall continue for the period mandated by
§63-407.53.
3. Explain the actions which may be
taken to end the disqualification and the conditions under which the
registrant may reapply.
4. Inform the registrant of the right to
request a state hearing; that continued participation shall be in accord with
§63-804.6; and inform the registrant that if benefits are continued pending
the hearing, and the county determination is upheld, the disqualification
period begins the first of the month after the hearing decision is rendered.
(§63-408.21)
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201-10
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The Notice of Action approving benefits shall advise the household
of the amount of the allotment, the beginning and ending dates of the
certification period and any anticipated variations in the benefit level
based on changes anticipated at the time of certification. (§63-504.221)
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201-11
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The Notice of Action which informs the
household of the expiration or shortening of the certification period shall
advise the household of the following:
(a) The
date the certification period ends.
(b) The date the household must file an
application for recertification to receive uninterrupted benefits.
(c) That the household must appear for an
interview scheduled on or after the application is timely filed in order to
receive uninterrupted benefits.
(d) That
the household is responsible for rescheduling any missed interview.
(e) That the household must complete the
interview and provide all required verification to receive uninterrupted
benefits.
(f) The number of days the household has
for submitting missing verification if the household is informed at the
interview of any further verification needed to receive uninterrupted
benefits.
(g) The household's right to request and
submit an application as long as it is signed and dated.
(h) The
address of the office where the application must be filed.
(i) The
consequences of failure to comply with the notice of expiration.
(j) The household's right to file the
application by mail or through an authorized representative.
(k) The
household's right to request a state hearing.
(§63-504.253)
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201-12
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Counties shall initiate collection action
by providing the FS household or the sponsor of an alien household an initial
notice of action to begin collection action and requesting repayment. The due date or time frame for repayment
must be no later than 30 days after the date of the initial notice of action,
and shall provide the following information:
(a) The amount owed, the type (IPV, IHE,
or AE) and reason for the claim, the period of time the claim covers, how the
claim was calculated, any offsetting that was done to reduce the claim, how
the household or its sponsor may pay the claim, the household's or the
sponsor's right to a state hearing if the household or the sponsor disagrees
with the amount of the claim, and that the household has 90 days to request a
state hearing.
(b) If the household already has had a
state hearing on the amount of the claim as a result of consolidation of the
administrative disqualification hearing with the state hearing, the household
shall be advised that it has no right to another state hearing on the amount
of the claim.
(c) If there is an individual or
organization that will provide free legal representation, the household shall
be advised of the availability of these services.
(d) The household, or the sponsor shall be
informed of the length of time the household has to decide which method of
repayment it will choose and inform the county of its decision, and of the
fact that the household's allotment will be reduced if the household fails to
agree to make restitution.
(e) (Reserved)
(f) Claim collection will be from all
adults who were in the household when the overissuance occurred.
(g) The household has the opportunity to
inspect and copy any records related to the claim.
(h) If the claim is not paid, it may be
sent to other collection agencies that may use various methods to collect the
claim.
(i) If not paid, the claim will be
referred to the federal government for collection. However, the household may make a written
agreement to pay the claim amount prior to referral for Federal action.
(j) If the claim is not received by the
due date and becomes delinquent, the household may be subject to additional
processing charges and will be subject to involuntary collection action(s).
(k) A due date or time frame to repay or
make arrangements to repay the claim, unless the CWD will impose an allotment
reduction. (If allotment reduction is
to be imposed, the percentage to be used and effective date must be stated.)
(l) Any household or sponsor against
which the county has initiated collection action shall be informed of the
right to request renegotiation of any repayment schedule to which the
household or the sponsor has agreed if economic circumstances change.
(1) A change in economic circumstances
includes, but is not limited to, changes in income, resources, or expenses. A
change in household allotment shall not constitute a change in economic
circumstances.
(§63-801.431,
as revised effective August
10, 2001)
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201-12A
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Prior to August 10, 2001, the following notice
requirements existed:
The county shall
initiate collection action by providing the household or the sponsor of an
alien household with a Notice of Action requesting repayment which includes
the following information:
(a) The amount owed, the reason for the
claim, the period of time the claim covers, any offsetting that was done to
reduce the claim, how the household or its sponsor may pay the claim, and the
household's or sponsor's right to a state hearing.
(b) If the household already has had a
state hearing on the amount of the claim as a result of consolidation of the
ADH and state hearing, that the household has no right to another state
hearing on the amount of the claim.
(c) If free legal representation is
available, the fact that it is available.
Under federal regulations, the notice must also advise the household
of any individual or organization which provides this free representation.
(d) For inadvertent household error and
IPV claims, the length of time the household or sponsor has to decide which
method of repayment it will choose and inform the county of its decision, and
the fact that the household's allotment will be reduced if there is a failure
to agree to make restitution.
(e) For administrative error claims, the
availability of allotment reduction as a method of repayment if the household
prefers this method.
(f) The right to request renegotiation of
any repayment schedule should economic circumstances change.
(§63-801.431,
revised effective August
10, 2001; 7 Code of Federal Regulations §273.18(d)(3)(ii))
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201-12B
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ADDED 5/05
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Question:
MPP §63-801.431(a) indicates that the initial notice of action for
establishing an overissuance should include “how the claim was
calculated’’. Does this mean the county
should include the actual calculation?
Answer:
Yes. MPP §63-801.431(a) requires that the initial demand letter or
notice of adverse action contain information on how the claim was
calculated. The purpose of this notice
is to provide the household with sufficient information to make an informed
decision about the correctness of the overissuance. At a minimum, the demand letter or notice
of action must include the pertinent information that was used to determine
the claim amount for each month of the overissuance. Depending on the reasons for the overissuance,
this information could include such items as the amount of income used, the
earned income deduction allowed or the number of members in the household.
This information may be conveyed in the
body of the letter or in an attachment.
The attachment could be a copy of the DFA 842 attached to the DFA
377.7B notice of action or some other format which fulfills the information
requirements.
An example of the minimum information
needed includes a statement of each month of alleged overissuance, the allotment
received in each month, the allotment authorized in each month, the amount of
overissuance in each month, the amount of expunged benefits in each month and
the total amount of the overissuance claim.
(All County Information Notice I-16-05, p.13
April 4, 2005)
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201-14
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Effective January 1, 1990, all CalWORKs (formerly
AFDC) notices of action concerning overpayments, or FS notices of action
concerning overissuances, must include substantially the following language:
WARNING: If you think this overpayment is wrong,
this is your last chance to ask for a hearing. The back of this page tells
how. If you stay on aid, the county
can collect an AFDC overpayment by lowering your monthly grant. It can lower your food stamps to collect an
overissuance unless it was the county's fault. If you go off aid before the overpayment or
overissuance is paid back, the county may take what you owe out of your state
income tax refund. (Anderson v. McMahon, Alameda County Superior
Court, Case No. 620039-4; All-County Letter No. 90-14, February 9, 1990)
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201-15
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States must include the following
information in the initial FS overissuance demand letter or notice of adverse
action:
(A) The amount of the claim.
(B) The intent to collect from all adults
in the household when the overpayment occurred.
(C) The type (IPV, IHE, AE or similar
language) and reason for the claim.
(D) The time period associated with the
claim.
(E) How the claim was calculated.
(F) The phone number to call for more
information about the claim.
(G) That, if the claim is not paid, it will
be sent to other collection agencies, who will use various collection methods
to collect the claim.
(H) The opportunity to inspect and copy
records related to the claim.
(I) Unless the amount of the claim was established
at a hearing, the opportunity for a fair hearing on the decision related to
the claim. The household will have 90
days to request a fair hearing.
(J) That, if not paid, the claim will be
referred to the Federal government for federal collection action.
(K) That the household can make a written
agreement to repay the amount of the claim prior to it being referred for
Federal collection action.
(L) That, if the claim becomes delinquent,
the household may be subject to additional processing charges.
(M) That the State agency may reduce any
part of the claim if the agency believes that the household is not able to
repay the claim.
(N) A due date or time frame to either
repay or make arrangements to repay the claim, unless the State agency is to
impose allotment reduction.
(O) If allotment reduction is to be
imposed, the percentage to be used and the effective date.
(7
Code of Federal Regulations (CFR) §273.18(e)(3)(iv), as revised effective August 1, 2000)
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203-1
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When a fair
hearing decision regarding an alleged FS overissuance is going to be issued,
federal regulations require the following:
(i) A claim awaiting a fair hearing
decision must not be considered delinquent.
(ii) If the hearing official determines
that a claim does, in fact, exist against the household, the household must
be re-notified of the claim. The
language to be used in this notice is left up to the State agency. The demand for payment may be combined with
the notice of the hearing decision.
Delinquency must be based on the due date of this subsequent notice
and not on the initial pre-hearing demand letter sent to the household.
(iii) If the hearing official determines that
a claim does not exist, the claim is disposed of in accordance with 7 Code of
Federal Regulations (CFR) §273.18(e)(8).
(7
CFR §273.18(e)(6))
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209-4
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In an unpublished
decision, the Court of Appeals upheld CDSS' claims that application of the
doctrine of equitable estoppel was inappropriate because FS is a wholly
federally funded program, and because Office
of Personnel Management v. Richmond
(1990) 496 U.S. 414, precluded the relief sought. . (Vang v. Saenz, No. C016270, March 20, 2002)
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209-5
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When the county has computed a CalWORKs (formerly AFDC)
administrative error overpayment, the Judge may consider the amount of FS
benefits the claimant would have received if the county had issued the
correct CalWORKs payment rather than the overpaid CalWORKs. If this
computation results in a larger FS allotment than the claimant actually
received, the Judge may instruct the county to reduce the CalWORKs
overpayment by the amount of the increased FS allotment.
Under equitable estoppel, the lost FS benefits are a measure of
the injury which the claimant suffered due to the county error.
(All-County Information Notice I-60-96, November 26, 1996)
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209-11
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