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APPEALS and STATE HEARINGS |
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ASH 010 - Video Conference State Hearings in District Offices |
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( ) To release a new policy ( ) To release a new form (X) To convert existing policy to new writing style only – No concept changes ( ) Revision of existing policy and/or form(s). |
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Video Conference (VC) State hearings, in remote areas of Los Angeles County, will provide applicants, participants and consumers (hereafter referred to as claimants) living in these areas, the opportunity to exercise their due process rights at a location closer to where they reside.
Policy for VC hearings remains the same as hearings held at the Appeals and State Hearings (ASH) Headquarters located at 3833 S. Vermont Ave., Los Angeles, CA 90037. State hearings will be available by VC technology at the Lancaster and Exposition Park hearing sites. State regulations ensure claimants have a right to a fair, unbiased and independent State hearing.
1. The State Hearings Division (SHD) will be responsible for the overall administration of the hearings for all aid programs under its jurisdiction, such as California Work Opportunity and Responsibility for Kids (CalWORKs), Stage 1 Child Care, CalFresh, Cash Assistance Program to Immigrants (CAPI), Refugee Cash Assistance (RCA), Medi-Cal, In-Home Supportive Services (IHSS), and General Relief (GR) Interim Assistance.
2. It is the sole responsibility of the Department of Public Social Services’ (DPSS) ASH section to coordinate all VC hearing activities with the SHD; not the District Offices (DO):
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The Bureau of Special Operations (BSO) in collaboration with DPSS’ Bureau of Administrative Services (BAS), Bureau of Workforce Services (BWS) and the California Department of Social Services (CDSS) State Hearings Division, was able to bring VC hearings to claimants served by the Lancaster District #34, Lancaster IHSS #35 and the Lancaster General Relief Sub Office #67 in June 2015. In June 2019, VC hearings became available to claimants served by Metro Family #13, Metro Special #70 and the IHSS Regional Office #47.
With VC technology, SHD, AHS, claimants/Authorized Representatives (AR) and County witnesses, including contracted staff, convene for official State hearings, face-to-face, in a private environment while physically located at separate locations.
1. An Administrative Law Judge (ALJ) conducts the hearing with the use of a television monitor and webcam televised from Los Angeles, Sacramento, or other off-site locations.
2. The AHS, claimant, and County witness, including contracted staff, meet in a designated hearing room at the DO to have the hearing with the ALJ with the use of a television monitor and webcam. |
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Language Services
Staff assigned to the ASH section are required to follow the policies and procedures outlined in this release, except as otherwise instructed by the District Director of the ASH section, or by the designated Deputy District Director.
Staff must take reasonable steps to ensure claimants are provided effective services in their self-declared preferred language.
Staff must always document the Daily Activities on the Appeals and State Hearings Tracking System (ATS) with the claimant’s self-declared preferred language for both verbal and written communication.
Note: If a claimant is able to communicate effectively in English, he/she must still be given the option to designate the language of preference for both verbal and written communication.
To ensure that claimants are provided with effective language services, the AHS must complete the following steps:
1. Before contacting the claimant, identify the claimant’s preferred spoken and written language and prepare to assist the claimant in the preferred spoken language;
2. Inform the claimant that free interpreter services can be provided;
3. Use forms in the claimant’s preferred language or provide verbal translation of English forms if they are not available in the claimant’s preferred written language;
4. If a form is not available in the claimant’s preferred language, provide the form in English along with a Notice of Language Services (GEN 1365) form; and
5. Confirm the claimant’s spoken and written language preferences and inform the Case Carrying Worker (CCW) of any changes to the claimant’s language preferences.
If the claimant decides to use an interpreter provided by the County, the AHS must:
1. Call the Language Services vendor: Language Line Solutions at 1-855-267-1141 and provide the following information:
a. ISD Language Services Cost Center Code;
b. Employee Number; and
c. Department Name.
2. If the preferred language of the claimant is American Sign Language (ASL), the ASH Civil Rights Liaison shall submit an “ASL Interpreter Services Request” form to the Civil Rights section at least three (3) workdays prior to the requested service appointment date. Refer to Civil Rights Memo 13-03 (December 9, 2013) for additional information.
If the claimant decides to use their own interpreter, staff must:
1. Inform the claimant of the Department’s free interpretive services, offer free interpretive services, and advise that a free interpreter can be provided at any time;
2. Inform the claimant of potential problems with using their interpreter, such as: Ineffective communication, conflict of interest, and inaccurate interpretation;
3. Inform the claimant about the need to disclose private/confidential information to their interpreter;
4. Obtain a written statement or utilize the Affidavit Form (PA 853); and
5. Use an Interpreter Services Statement and Confidentiality Agreement (PA 6181) as needed.
Case Documentation:
1. Document the Daily Activities on ATS to detail the steps taken above and include the claimant’s self-declared preferred written and spoken language;
2. This includes claimants who designated English as their primary language for verbal and written communication;
3. Update ATS accordingly, if any changes to the claimant’s preferred spoken and/or written language have been made; and
4. Complete the Language Line Solutions log when Language Line Solution’s services were requested.
Please see the sample case documentation below:
“The claimant’s preferred spoken language is [insert language] and preferred written language is [insert language]. Offered free interpretive services; the customer [insert accepted or declined] the services. Language services provided by [insert Language Services Method], [insert name of DPSS staff/indicate if certified bi-lingual.], and [include any other relevant information specific to the case].”
Reference: AD 5613 40-103.03 Application |
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N/A |
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