- What is an administrative hearing (Fair Hearing)?
It is a proceeding where evidence is taken for the purpose of determining an issue of fact of an interpretation of a regulation and reaching a decision based on the evidence for any of the programs administered by the Department of Employment and Social Services (DESS) by an Administrative Law Judge (ALJ).
This is to ensure that all customers receive due process. This is the principle that the government must respect all of a person's rights when the government seeks to deprive a person of life, liberty or property. The benefits administered by DESS are considered property.
If you a re a customer that disagrees with an action taken or will be taken by DESS, you have the right to be heard by an ALJ. This ALJ will take into consideration all of the evidence provided by both county and the customer and write a decision based on that evidence and the regulations.
- How do I file for an administrative hearing?
Every Notice of Action that is issued by the county has the instructions on how to file a hearing on the back of it. The customer may complete the back of the notice and mail it to:
Department of Employment and Social Services
Attn. State Hearing Unit
P.O. box 1649
Oroville, CA 95965
They may also bring it into either Community Employment Center location: 78 Table Mountain Boulevard, Oroville, CA or 765 East Avenue, Chico, CA.
Finally, they may call the State Hearing Division's toll-free number:
- Phone: 800-952-5253
- TDD: 800-952-8349
- How do I get help to file an administrative hearing?
You can come into either office listed above to obtain help in completing the back of the notice to file a hearing. You may also call the Customer Service Center at 877-410-8803.
You can ask about your hearing rights of for a legal aid referral at the toll-free state phone numbers above. You may also get free legal help at:
Legal services of Northern California
541 Normal Avenue
Chico, CA 95928
Oroville Phone: 530-534-9221
Chico Phone: 530-345-9491
Toll Free: 800-345-9491
- How long do I have to file an administrative hearing?
A customer must request a hearing within 90 days after the date of the action or inaction with which the customer is dissatisfied. However, if good cause exists, it must be filed within 180 days.
- Can I bring someone with me to the administrative hearing?
Yes. You may bring a friend, relative or anyone else you feel is necessary to the hearing.
- Can the action that I'm dissatisfied with be stopped while I'm going through the hearing process?
Yes. Aid Paid Pending (APP) is the suspension of a proposed action until a hearing is held and a decision is rendered by an Administrative Law Judge when either:
- A hearing request is filed before the effective date of the proposed action.
- The agency did not provide timely and adequate notice of a proposed action when timely and adequate notice is required.
APP cannot be issued at the end of a CalFresh or County Medical Services Program (CMSP) Certification Period. Also, APP cannot be issued for denied applications.
- If I am granted Aid Paid Pending (APP), will this be an overpayment or over-issuance?
It depends. If the hearing decision finds in your favor, the APP will not be considered an overpayment or over-issuance.
If the hearing decision does not find in your favor, you will owe us for any extra Cash Aid, CalFresh or child care services you received and an overpayment and/or over-issuance will be assessed.