Automatic Hearing Process

Clients who fail without good cause to comply with Vocational Services (VS) requirements are scheduled an automatic hearing through the VSAS system as follows:

WHO ACTION
Client
  • Fails without good cause to comply with VS requirements.

NOTE: On the first working day of the following month, the Vocational Services (VS) department generates a non-compliance list from VSAS.

Appeals Officer (AO)
  • Reviews cases in the non-compliance list.
  • If the non compliance is: 
    • Invalid:
      • Updates the Hearing disposition in VSAS to “H3 - Discontinuance and Sanction are reversed. Action Corrected.” Refer to VSAS - County Hearings Disposition Codes for important information.
      • If non-compliance is questionable, prior to canceling the hearing, follows the steps below:
        • Emails the last Employment Counselor (EC) in record and copies the VS Supervisor and Lead(s) to clarify any confusion. The email Subject Line must read “Urgent Administrative Error Review.” The first sentence in the email must read “Please respond within 24 hours.”
        • If an agreement between AO and EC is not reached, follows the escalation process (EC Supervisor - Appeals Supervisor).
      • Ensures that the client is scheduled for a VS appointment.
      • If an appointment has:
        • Been scheduled:
          • Reprints the appointment letter and mails it to client
        • Not been scheduled:
          • Contacts the VS lead to request that an appointment be scheduled and be sent to the client.
    • Valid:
      • Mails the Notice of Proposed Action/Hearing Appointment (GA 239) to the client.
      • Generates an “Appeals Position Statement and Notice of Hearing Decision” (GA 3300) after NOA review.
      • Returns valid Position Statement to Appeals Clerk, on the day of the scheduled hearing.
Client
  • Receives a Notice of Proposed Action/Hearing Appointment (GA 239) with information on the Automatic Hearing appointment; date, time, and location.
  • Appears to the scheduled hearing appointment.
Appeals Clerk
  • Receives valid GA 3300 from AO and prepares copies for the client and the Hearing Officer, on the day of the scheduled hearing.
  • Checks-in client on Hearing Appointment list.
  • Distributes materials to AO and client, and the original to Hearing Officer.
  • Provides client a Hearing Ticket.
Appeals AO
  • Greets and escorts the client to the Hearing Room.
Hearing Officer
  • Conducts the Hearing.
  • Completes the GA 3300 with his/her decision and returns it to the AO.
Appeals AO
  • Receives the GA 3300 from Hearing Officer and follows the steps below:
  • If decision is to:
    • Reverse county’s proposed action:
      • Makes appropriate entries in VSAS, see and contacts the VS lead(s) to request that a VS appointment be scheduled and be sent to the client.
      • Note: If a future VS appointment is already scheduled in VSAS, re-prints the appointment letter and provides it to the client.

    • Upheld county’s proposed action:
      • Enters disposition code in VSAS.
      • Important: Disposition codes MUST be entered in VSAS no later than 12:00 PM on the Hearing date.

      • Note: VSAS data (disposition codes) is pulled by Information System on the Hearing date, after conclusion of the scheduled hearings. This data is used by CalWIN to complete automatic entries in the Display Sanction/POI/Penalty Detail. With these entries the claimant’s GA benefits will be sanctioned and/or discontinued. Failure to enter the disposition codes timely will affect the automated sanction process. Refer to Client No Show for Automatic Hearing below. 

  • Forwards all documents/forms to the Appeals Clerk.

Note: The client may request for an Administrative Review upon receipt of Position Statement.

Appeals Clerk
  • Forwards a copy of the GA 3300 to the client and all documents to IDM.

Client No Show for Automatic Hearing

The client will be sanctioned and/or benefits will be discontinued for failure to show for an automatically scheduled hearing. A process has been developed for the system to automatically enter GA non-compliance sanctions based on the Hearing Officer’s decision. At conclusion of the scheduled hearings, on every County Hearing day, the system obtains information from the Vocational Services-Appeal System (VSAS) application and loads it into CalWIN. In turn, CalWIN enters the sanction in the Display Sanction/POI/Penalty Detail window and enters system generated case comments in the Maintain Case Comments window. EBDC runs automatically in batch-overnight process.

Important: The Appeals Officer MUST enter all Disposition codes in VSAS no later than 12:00 PM on the Hearing date.

After completion of the automatic sanction entries, the system also generates a TMT for the case assigned EW to review GA and CF eligibility and budgets.

Rescheduling Automatic Hearings

As specified in GA policy GA 121, an automatic hearing shall only be rescheduled if the recipient shows good cause (as defined in GA 231) for missing the initial hearing or, if the Agency requests a new date.

Note: The lack of Good cause, as defined in GA policy GA 231, is demonstrated by either: Three separate acts of negligent failure to follow program requirements, or willful failure or refusal of the recipient to follow program requirements. Refer to Good Cause

The following applies when rescheduling automatic hearings:

Rescheduling Prior to the Hearing Day

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.

Rescheduling on the Day of the Hearing

If the recipient shows up late for the hearing, but before the end of the day’s hearing session, the Appeals Officer must make the effort to accommodate the hearing on the same day or reschedule it for another day within the current County Hearing’s month.

Note: If it is not possible to reschedule the hearing during the current hearing month, the recipient must be informed of the right to apply for an Administrative Review.

VSAS - County Hearings Disposition Codes

The following county hearings codes in VSAS may be selected accordingly

Hearing Disposition Code Description
H1A You failed to appear at the hearing as scheduled
H1B Your failure to comply is considered willful
H1C This is your third (or more) Negligent Failure to Comply
H2 The discontinuance and sanction are reversed
H2A Your failure was negligent and you have less that 3 prior
H3 Discontinuance and sanction are reversed. Action corrected
H4 The county’s action is reversed.
Cancel Cancel NOA

NOTE: When "Cancel" option is used for a scheduled Hearing, the Hearing is canceled together with the activity that was flagged as non-compliant. All other activities that were previously canceled by this Hearing are "restored". Therefore, code H3 MUST be used when canceling a scheduled hearing.

Related Topics

Automatic Hearings