A dvocating for our Students: Administrative Advocacy and Fair Hearings

1. Advocating for our Students: Administrative Advocacy and Fair Hearings Jodie Berger Legal Services of Northern California Vickie Hay Orange Coast College CalWORKs Association Statewide Training Institute March 14, 2011

2. What We Are Covering • When to file for a Fair Hearing • What to expect • What is an AR? • Preparation • Hearing • List of Legal Services Agencies

3. What Kinds of Issues can be Challenged? • Any adverse action by county • Reduction or termination of cash aid • Sanction • Denial of supportive services, i.e. childcare, transportation, ancillary – textbooks, uniforms, etc. • Disagreement w/ assessment or WTW Plan • Failure to Act (not adding new household member) • Etc.

4. How to Challenge County Action • What can a student do when she disagrees with the county worker? • Request a Third Party Assessment (not covered in this presentation) • Go up the chain of command at the county welfare department • Request a state Fair Hearing

5. Taking Complaint Up the Chain of Command • Chain of command at county welfare department (CWD) • Case Manager/case worker • Supervisor • Deputy director of the district office • Director of district office • Chief of CW division • Director of CWD

6. Preparing to Advocate with County • When calling • Have handy student’s name, case number, brief description of issue, and your phone number • Use the student guide to reference relevant citations to the law • Obtain the name of person you talk to • Take notes of the conversation

7. Watch Your Deadlines • If you don’t get the answer wanted (as provided by law), call the next person on the chain of command • Don’t spend more than a day or two to go up the chain of command • Due to deadline to request a fair hearing • Can simultaneously request a TPA and/or a Fair Hearing

8. Requesting a Fair Hearing • To challenge any adverse action (or inaction) by county • See slide 5 • Deadlines to request a fair hearing • 90 days from the date of the notice of action (NOA) • More time for good cause • 10 days from the date of the NOA in order to get aid paid pending the outcome • Verbal or written request (written is better) • If agreed, have student name the Authorized Representative • Use NA Back 9 form (appendix B-6) • Keep a copy • Ask for interpreter, if needed/desired

9. What is an Authorized Representative? (AR) • Someone designated to speak for student • A lawyer, paralegal, friend, relative, college staff • Better to designate AR in writing • Can use Authorized Representative form (DPA 19) • Student doesn’t have to have an AR and can speak for herself

10. What Happens After the Request? • State hearing office will send a notice of time, date, and place of hearing at least 10 days before hearing date • Hearing date about 30 days from request date • County appeals worker may contact student • Should contact AR if there is one • Student doesn’t have to talk to the appeals worker or accept any offer (unless good ones) • But maybe helpful to clarify issues • Be careful of what to say because appeals worker can bring up at hearing

11. Settlements (Conditional Withdrawals) • Conditional withdrawal of hearing • A settlement of the issues • Make certain that all issues are covered in the agreement • Otherwise considered dropped • Don’t agree to withdraw if county will only “re-evaluate” or “reconsider” • County must act per agreement w/in 30 days • Student can request a hearing if disagrees w/ county’s action or if county doesn’t comply with agreement

12. What to Do Before the Hearing? • Interview and prepare student • Outline arguments • Use the student guide to find out the law • Can submit a written “position statement” (with citations to the law if possible) at hearing • Gather documents and witnesses needed to support argument to submit at hearing • County must make available its position statement explaining its argument 2 days before hearing • Get a copy – avoid surprises! • Call your local Legal Aid Office

13. What Happens at the Hearing? • Judge will explain hearing process • Testimony under oath • County will go first • Student or Authorized Representative presents her arguments, testimony, documents, and witnesses • If judge’s question isn’t clear, request clarification • Hearing is taped – “on record” • Hearing decision within 90 days of hearing request

14. Legal Services • To locate legal aid services that may be able to assist: • http://www.lawhelpcalifornia.org/ • Click on Referral Directory in blue band at top • Go to “by County” tab • Look for the program that has the county or regional name in it.

15. Resources • Western Center on Law & Poverty • Antoinette Dozier, adozier@wclp.org • Community College Listserv • Monitored by LSNC and WLCP • To access state ACLs or ACINs cited in the student guide • www.dss.cahwnet.gov/lettersnotices • To access state regulations (MPPs) • www.dss.cahwnet.gov/ord/CDSSManual_240.htm