Chapter 7 - Appeals

California Welfare and Institutions Code — §§ 19700.1-19710

Sections (8)

§ 19700.1

Amended by Stats. 1993, Ch. 937, Sec. 29. Effective October 8, 1993.

For the purposes of this chapter, the following definitions shall apply:

(a)“Appellant” means an applicant or client who has filed an oral or written request for an administrative review or a written request for a fair hearing.

(b)“Applicant” means any individual who has applied for vocational rehabilitation or independent living services which the department provides. The term also refers to individuals who apply for such services and are found ineligible.

(c)“Client” means any person receiving vocational rehabilitation or independent living services or support from the department.

§ 19703

Amended by Stats. 1993, Ch. 937, Sec. 30.5. Effective October 8, 1993.

(a)The provisions of this chapter relative to vocational rehabilitation or independent living services, or both, shall be administered fairly to the end that all persons who are eligible and apply for those services shall receive the services to which they are entitled under state and federal statutes and regulations promptly and with due consideration for their needs.

(b)Any applicant for services, or client of the department shall be informed as to the provisions of eligibility and his or her responsibility for reporting facts material to a correct determination of his or her eligibility for services.

(c)Any applicant for services, or client of the department who is denied vocational rehabilitation or independent living services, or both shall be notified in writing of the grounds on which the denial is based.

§ 19704

Amended by Stats. 2012, Ch. 47, Sec. 45. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.

(a)If any applicant for, or client of, the department is dissatisfied with any action of the department relating to his or her application or receipt of services, or if any person who desires to apply for that assistance is refused the opportunity to submit a signed application therefor and is dissatisfied with that refusal, he or she shall, upon filing a request with the department within one year after the decision or action complained of, have a right to an administrative review and redetermination by a member or members of the supervisory staff of the department and a

fair hearing before an impartial hearing officer.

(b)An administrative review shall not delay a hearing before an impartial hearing officer if that hearing is requested. The review shall be held and the decision of the reviewer shall be rendered to the applicant or client within 15 days of the date the request was filed.

(c)A fair hearing shall be held within 60 days of the date a written request is received by the department.

(d)Notwithstanding Sections 19130, 19131, and 19132 of the Government Code, the department shall contract with another office, entity, or department for the provision of impartial hearing officers.

§ 19705

Amended by Stats. 2012, Ch. 47, Sec. 46. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.

(a)(1) After consulting with the appellant, the department shall set the time and place of the hearing specified in Section 19704 before an impartial hearing officer and shall give all parties concerned written notice of the time and place of the hearing.

(2)An impartial hearing officer may change the time and place of the hearing after further consultation with, and to accommodate the convenience of, the appellant. If the appellant consents and each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place and to examine exhibits, all or part of the fair hearing may be

conducted by means other than an in-person hearing.

(b)At the hearing, the appellant may appear, may be accompanied by a representative of his or her own choosing, or may designate a representative to appear on his or her behalf. The appellant may submit the matter on the written record and waive the right to appear at the hearing.

(c)Upon a joint request of the parties or upon a showing of good cause by either party, the impartial hearing officer may grant extensions of time or continuances of the hearing.

(d)(1) The hearing shall be conducted by an impartial hearing officer who has no personal, financial, professional, or other interest that would conflict with his or her objectivity in

conducting the hearing. The impartial hearing officer shall be knowledgeable regarding the federal and state laws and regulations applicable to the department.

(2)The hearing shall not be conducted according to the technical rules of evidence and those related to witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. All testimony shall be under oath or affirmation, which the impartial hearing officer is empowered to administer.

(3)The

impartial hearing officer shall do all of the following:

(A)Consider the presentation of relevant viewpoints about the issues of disagreement.

(B)Examine the evidence presented during the hearing.

(C)Issue a decision to the parties, written in ordinary and concise language and in compliance with federal and state law and regulations, that includes findings and grounds for the decision, within 30 days of the completion of the hearing.

§ 19705.1

Added by Stats. 2012, Ch. 47, Sec. 47. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.

Training for impartial hearing officers shall include, but not be limited to, both of the following:

(a)Information regarding the goals and requirements of the vocational rehabilitation program, the state plan, and federal and state statutes and regulations governing the program.

(b)Instruction in how to protect the rights of appellants at administrative hearings, with emphasis on assisting, where appropriate, those appellants represented by themselves or an advocate inexperienced in administrative hearings in fully developing the administrative record.

§ 19708

Amended by Stats. 1990, Ch. 758, Sec. 9.

(a)Information in the appellant’s case record shall, upon request and proper identification, be disclosed to the person or his or her authorized representative. Medical, psychological, or other information which the department believes may be harmful to the person shall not be released directly to that person, but shall be provided through his or her authorized representative, including, but not limited to, a physician or a licensed or certified psychologist. All records made or kept by any public officer or agency in connection with the administration of any vocational rehabilitation program shall be open for inspection by the applicant or client to which the information relates and by any other person authorized in writing by the applicant or client. The written authorization shall be dated and signed by the applicant or client and shall expire one year from the date of execution.

(b)In the event of any hearing under the provisions of this chapter, the authorized representative of the appellant shall be entitled to inspect the case record relating to the appellant prior to, as well as during, the hearing.

§ 19709

Amended by Stats. 2012, Ch. 47, Sec. 49. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.

(a)The appellant, within six months after receiving notice of the impartial hearing officer’s final decision, may file a petition with the superior court, under Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. The review, if granted, shall be the exclusive remedy available to the appellant for review of the impartial hearing officer’s

final decision. The department shall be the sole respondent in the proceedings.

(b)No filing fee shall be required for the filing of a petition pursuant to this section. Any of these petitions to the superior court shall be entitled to a preference in setting a date for hearing on the petition. No bond shall be required in the case of any petition for review, nor in any appeal therefrom. The appellant shall be entitled to reasonable attorney’s fees and costs, if he or she obtains a decision in his or her favor.

§ 19710

Added by Stats. 2012, Ch. 47, Sec. 50. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.

Until January 1, 2014, the adoption and readoption of regulations to modify appeals processes consistent with this part shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.