Automatic Hearings
Overview
A recipient who without good cause fails to comply with work participation provisions and for whom a sanction is being proposed, shall be automatically scheduled for an appeal hearing, as stated in GA policy GA 121.
Automatic hearings are scheduled in the VSAS for the following:
- Failure to keep an appointment for an Employability Assessment;
- Non-Compliance with EDD Work Registration requirement;
- Failure to attend Job Preparation Class(es);
- Failure to cooperate with Vocational Services;
- Failure to meet the requirement to accept any bona fide offer of employment;
- Failure to attend a Job Interview;
- Failure to complete Work Experience Requirements;
- Submission of apparently fraudulent documents from a Training Applicant/recipient;
- Termination of Work Experience Assignment for misconduct;
- Failure submit a completed Job Search form;
- Failure to accept a referral to Training.
An automatic hearing shall only be rescheduled if the recipient shows good cause for missing the initial hearing or if the Agency requests a new date. Aid pending such rescheduled hearing shall be continued. Refer to Good Cause below for more information on good cause.
Good Cause
Lack of “good cause” may be 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.
The Appeals Officer must thoroughly review the case in CalWIN and VSAS before granting good cause. If the claimant has been previously granted good cause in three separate occasions, the fourth negligence can no longer be considered good cause.
Requirement
A notice of Proposed Action /Hearing Appointment Notice, form (GA 239), must be sent to the client ten (10) days before the hearing appointment date in order to give the client sufficient time to receive the notification and to prepare for the hearing. Refer to Automatic Hearing Process. GA 239 is generated by VSAS when a non-compliance is recorded.
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