Non-Automatic Hearing Process

The following steps must be followed when an applicant or recipient files a written request for a Fair Hearing:

WHO ACTION
Client
  • Files a written request for a Fair Hearing.
Appeals Clerk
  • Receives Fair Hearing request.
  • Creates a case file with program, case details, and case members.
  • Enters request in GA Fair Hearing log.
  • Makes entries in the Maintain Filing Information for County Hearings Subsystem in CalWIN.
  • Forwards case file to Appeals Supervisor.
Appeals Supervisor
  • Receives case file from Appeals Clerk.
  • Schedules the next available non-automatic hearing within the next 30 days. (not to exceed 60 days).
  • Completes the "Non-automatic Hearing Appointment Slip” (GA 1123) and attaches to the case file.
  • Assigns and forwards the case file with GA 1123 to the AO.
  • Enters data in the GA-Fair Hearing log, including hearing, assignment information and appointment date.
Appeals AO
  • Receives case file from Appeals Supervisor
  • Reviews case to determine Aid Paid Pending (APP) and hearing issue.
  • Note: If APP is granted, a request is sent to clerical to create a TMT for APP process at the GA office.
  • If this is a:
    • County error:
      • Requests clerical to create a TMT for correction of the error at GA office. Refer to Common Place Handbook [“Compliance Request and Escalation Process,” page 37-23]
      • Contacts client to discuss the case and offer Conditional Withdrawal. If client: 
        • Accepts Conditional Withdrawal:
          • Sends GA 21 to client.
          • Documents in Maintain Filing Information for County Hearings Subsystem in CalWIN.
          • Submits all documents for IDM.
        • Does NOT accept Conditional Withdrawal:
          • Schedules a hearing date.
          • Prepares Position Statement.
          • Sends a copy of the Position Statement to clerical on the hearing date.
    • NOT a county error:.
      • Contacts the client to discuss the case and offer withdrawal. If client:
        • Accepts withdrawal:
          • Sends GA 21 to client.
          • Documents in Maintain Filing Information for County Hearings Subsystem in CalWIN.
          • Submits all documents for IDM.
        • Does NOT accept the withdrawal:
          • Prepares Position Statement.
          • Mails the scheduled hearing appointment (Refers to GA hearing log for appointment date).
          • Sends a copy of the Position Statement to clerical on the hearing date.
Client
  • Appears for Hearing appointment.
Appeals Clerk
  • Checks-in client on Hearing Appointment list.
  • Receives Position Statement from AO on the day of the scheduled hearing.
  • Prepares copies of Position Statement for client and Hearing Officer.
  • Gives client a Hearing ticket.
  • Distributes materials to AO and client and original to hearing Officer.
Appeals AO
  • Greets and escorts the client to the Hearing Room.
Hearing Officer
  • Conducts the Hearing and returns the Position Statement and Notice of Hearing Decision (GA 3300) to the AO.
  • Makes a decision within 10 days.
Appeals AO
  • Receives the GA 3300 from Hearing Officer.
  • Updates County Hearings window in CalWIN.
  • Requests for clerical to create a TMT request for District Office to make appropriate corrections on granted hearings.
  • Sends client the original Decision Statement document.
  • Submits all documents/forms to the Appeals clerk for IDM processing.

NOTE: The client may request for an Administrative Review upon receipt of the Notice of Hearing Decision. See: Administrative Review by Director

Client No Show for Requested Hearing

The following steps are to be followed when the client does not appear to the scheduled non-automatic Hearing:

WHO ACTION
Client
  • Does not appear to the scheduled Hearing.
Appeals AO
  • Collects the “Appeals Position Statement and Notice of Hearing Decision” (GA 3300) from clerical.
  • Forwards the GA 3300s to the Hearing Officer for decision.
Hearing Officer
  • Completes the GA 3300 for all no shows and returns these to the Appeals AO.
Appeals AO
  • Receives the GA 3300s from Hearing Officer and forwards to clerical.
Appeals Clerk
  • Receives the GA 3300s from the AO.
  • Sends the GA 3300 to the client and submits all documents for IDM processing.

NOTE: The client may request for an Administrative Review upon receipt of Notice of Hearing Decision. See: Administrative Review by Director

Rescheduling Non-Automatic Hearings

The recipient may call the County Appeals main line: (408) 817-6050 directly, and request to speak with the designated County AO to reschedule the hearing.

Related Topics

Administrative Review by Director

Non-Automatic Hearings