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 |
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) |
|
Client |
|
Appeals Clerk |
|
Appeals AO |
|
Hearing Officer |
|
Appeals AO |
Note: The client may request for an Administrative Review upon receipt of Position Statement. |
Appeals Clerk |
|
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.
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