| ADEQUATE NOTICE
|
A written notice informing
the claimant of the action the County intends to take, the effective date
of the action, the reasons for the intended action, the specific regulations
supporting such action, and an explanation of the claimant's rights to
request a State hearing. An adequate notice must also be timely. |
| ADOPTED
DECISION |
A hearing decision
that officially resolved the State hearing case. |
| ADVERSE
ACTION |
Any unfavorable action
against the claimant which terminates or reduces aid. |
| AID
PAID PENDING |
Aid issued, pending
the hearing, to which the claimant may or may not be eligible provided
the request for a State hearing has been filed timely, or without proper
notice. |
| ADMINISTRATIVE
LAW JUDGE (ALJ) |
A judge appointed by
the California Department of Social Services Director and/or Chief Administrative
Law Judge (ALJ) to conduct State hearings.
|
| ALTERNATE
DECISION |
A decision issued by
the CDSS' Director which differs from the Administrative Law Judge's proposed
decision.
|
| AUTHORIZED
REPRESENTATIVE |
An individual or organization
that has been authorized by the claimant or designated by the ALJ to act
for the claimant in any and all aspects of the State Hearing process.
|
| CLAIMANT |
The person who has
requested a State Hearing. |
| CONDITIONAL
WITHDRAWAL |
An agreement signed
by the claimant and the county representative which provides that the
actions of both parties will be completed within thirty (30) days.
|
| COUNTY ACTION |
All actions which require
adequate notice and any other action/inaction relating to the claimant's
application or receipt of aid.
|
| COUNTY
REPRESENTATIVE |
The Appeals Hearing
Specialist assigned to prepare/present the case. |
| DENIED DECISION |
The claimant's appeal
is denied and the County does not have to reverse its action.
|
| DISMISSAL
DECISION |
The issue appealed
was outside the jurisdiction of the State Hearing process, the time limit
for requesting a hearing was not met or the claimant failed to appear.
|
| FILING |
A written or oral request for a State Hearing.
|
| FILING
DATE |
The date in which the
claimant's filing was mailed (envelope postmark) or date of online request.
|
| GRANTED
DECISION |
The appeal issue is
decided in favor of the claimant and the County must take action to comply
with the Judge's order.
|
| GRANTED IN PARTDENIED IN PART |
Part of the claimant's
appeal issue is decided in his or her favor and part is denied. This means
that the County may have to follow up and take action on the granted portion
of the issues.
|
| JUDICIAL
REVIEW |
A petition filed in
Superior Court by the claimant or the County requesting a review of a
decision or rehearing decision. The petition must be filed within one
year of receipt of a decision or rehearing decision.
|
| REHEARING |
The hearing decision
is being contested by either the County or the claimant and the appeal
is being reheard.
|
| REMANDED
DECISION |
The Administrative Law Judge instructs the County to take a specific action relating to the
claimant's issue but has not rendered a decision on the merits of the
case.
|
| REOPENING |
The County has not complied with the conditional withdrawal agreement and the claimant requests
that the issue be re-visited.
|
| STATE
HEARING |
A form of administrative hearing mandated by federal and State law whereby a dissatisfied claimant
may obtain an impartial review of a County action or inaction.
|
| STATEMENT
OF POSITION |
A deposition prepared by the Appeals Hearing Specialist outlining the County's action or inaction and the pertinent
facts and regulations supporting the action.
|
| STIPULATED
DECISION |
A decision that includes
an agreement by the County and the claimant, made at the hearing, whereby
the County grants some or all of the claimant's allegations. |
| STRAIGHT
WITHDRAWAL |
An agreement between the claimant and the Appeals Hearing Specialist whereby the claimant is satisfied with the actions taken by the county and does not wish to proceed with the State Hearing. |
| TIMELY
NOTICE |
A written notice of
action which gives the claimant ten-days notice prior to the effective
date of the proposed action.
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