reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 10908 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 6 - Personnel|Section 10908.

10908.  Any officers and employees of the Department of Social Welfare performing a function on January 1, 1970, that is transferred to the State Personnel Board, shall, pursuant to Section 19370 of the Government Code, be transferred to the State Personnel Board.(Added by Stats. 1976, Ch. 504.)
CA Welf & Inst Code § 10909 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 6 - Personnel|Section 10909.

10909.  All regulations prior to January 1, 1970, adopted by the State Department of Social Welfare under Welfare and Institutions Code Section 10901 shall remain in effect and shall be enforceable by the State Personnel Board until amended, repealed, or otherwise superseded by regulations adopted by the State Personnel Board.(Added by Stats. 1976, Ch. 504.)
CA Welf & Inst Code § 10951.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10951.5.

10951.5.  (a) For a beneficiary of a Medi-Cal managed care plan who meets the criteria for an expedited resolution of an appeal as set forth in subdivision (c) of Section 14197.3 or Section 438.410 of Title 42 of the Code of Federal Regulations, the department shall take final administrative action as expeditiously as the individual’s health condition requires, but no later than three working days after the department receives, from the Medi-Cal managed care plan, the case file and information for any appeal of an adverse benefit determination that, as indicated by the Medi-Cal managed care plan or determined by the administrative law judge, meets either of the following criteria:(1) Meets the criteria for expedited resolution as set forth in Section 438.410(a) of Title 42 of the Code of Federal Regulations, but was not resolved within the timeframe for expedited resolution.(2) Was resolved within the timeframe for expedited resolution, but reached a decision wholly or partially adverse to the beneficiary.(b) Upon notice from the department that a Medi-Cal managed care plan’s beneficiary has requested a state fair hearing, the Medi-Cal managed care plan shall provide to the department a copy of the following information within three business days of the Medi-Cal managed care plan’s receipt of the department’s notice of a request by a beneficiary for a state fair hearing:(1) The case file.(2) Information for any appeal of an adverse benefit determination that, as indicated by the Medi-Cal managed care plan, meets either of the criteria described in paragraph (1) or (2) of subdivision (a).(c) (1) The department shall take final administrative action on a fair hearing request within the time limits set forth in this section except under either of the following unusual circumstances:(A) The department cannot reach a decision because the beneficiary requests a delay or fails to take a required action.(B) There is an administrative or other emergency beyond the department’s control.(2) The department shall document the reasons for any delay in the beneficiary’s record.(Amended by Stats. 2018, Ch. 92, Sec. 230. (SB 1289) Effective January 1, 2019.)
CA Welf & Inst Code § 10952 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10952.

10952.  (a) The department shall set the hearing to commence within 30 working days after the request is filed, and, at least 10 days prior to the hearing, shall give all parties concerned written notice of the time and place of the hearing.(b) The 30 working day and 10-day requirements described in subdivision (a) shall not apply to a request filed by a beneficiary of a Medi-Cal managed care plan who meets the criteria for an expedited resolution of an appeal as described in subdivision (a) of Section 10951.5.(Amended by Stats. 2017, Ch. 738, Sec. 5. (AB 205) Effective January 1, 2018.)
CA Welf & Inst Code § 10952.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10952.5.

10952.5.  (a) If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop that statement, not less than two business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agency’s position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient at the county welfare department or via United States mail, or, upon request, through electronic means. Except as provided in subdivision (c), if the applicant or recipient requests a position statement to be delivered through electronic means, the position statement shall be delivered through secure electronic means if required by state or federal privacy laws. A public or private agency shall be required to comply with this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing.(b) If the public or private agency does not make the position statement available not less than two business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, if an applicant or recipient agrees to waive the right to obtain a decision on the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing.(c) (1) A public or private agency shall not be required to make a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to the State Department of Social Services that includes both of the following:(A) The barriers the agency has identified that substantially impede or prohibit the electronic provision of hearing documents.(B) The steps the agency is taking to address these barriers.(2) This subdivision shall become inoperative on the date that the statewide electronic case management system administered by the State Department of Social Services becomes operational and has the capacity to provide position statements to claimants through secure electronic means. (Amended by Stats. 2016, Ch. 522, Sec. 1. (AB 2346) Effective January 1, 2017.)
CA Welf & Inst Code § 10953 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10953.

10953.  A hearing under this chapter shall be conducted by administrative law judges employed by the department, unless the director orders that it shall be conducted by himself or herself. However, the director may contract with the Office of Administrative Hearings to conduct hearings.Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any hearing conducted under this chapter.(Amended by Stats. 1986, Ch. 415, Sec. 3. Effective July 17, 1986.)
CA Welf & Inst Code § 10953.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10953.5.

10953.5.  (a) The director has authority to appoint the department’s administrative law judges as provided in Section 10555.(b) Each administrative law judge shall have been admitted to practice law in this state and shall possess any other qualifications prescribed by the State Personnel Board. All persons in the office of the chief referee employed as hearing officers by the department prior to the effective date of this section shall be deemed to be administrative law judges.(Added by Stats. 1986, Ch. 415, Sec. 4. Effective July 17, 1986.)
CA Welf & Inst Code § 10954 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10954.

10954.  The director or administrative law judge conducting the hearing, shall have all of the powers and authority conferred upon the head of a department in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.(Amended by Stats. 1986, Ch. 415, Sec. 5. Effective July 17, 1986.)
CA Welf & Inst Code § 10955 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10955.

10955.  The hearing shall be conducted in an impartial and informal manner in order to encourage free and open discussion by participants. All testimony shall be submitted under oath or affirmation. The person conducting the hearing shall not be bound by rules of procedure or evidence applicable in judicial proceedings. At the hearing the applicant or recipient may appear in person with counsel of his own choosing, or in person and without such counsel.(Added by Stats. 1965, Ch. 1784.)
CA Welf & Inst Code § 10956 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10956.

10956.  The proceedings at the hearing shall be reported by a phonographic reporter or otherwise perpetuated by mechanical, electronic, or other means capable of reproduction or transcription.(Added by Stats. 1965, Ch. 1784.)
CA Welf & Inst Code § 10957 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10957.

10957.  The person conducting the hearing, upon good cause shown, may continue the hearing for a period of not to exceed 30 days. When the refusal of a county to accept a signed application for aid or services is an issue, the director may require the county to accept the application, and may continue the case until the results of the investigation have been reported to him or her. In any such case in which aid is awarded by the director or his or her designee, the payments shall commence at the time indicated by the director or his or her designee.(Amended by Stats. 1986, Ch. 415, Sec. 6. Effective July 17, 1986.)
CA Welf & Inst Code § 10958 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10958.

10958.  If the hearing is conducted by an administrative law judge, he or she shall prepare a fair, impartial, and independent proposed decision, in writing and in such format that it may be adopted as the director’s decision and, after approval of the decision by the chief administrative law judge of the department, the chief administrative law judge shall file a copy of the proposed decision, within 75 days after the conclusion of the hearing, with the director.(Amended by Stats. 1986, Ch. 415, Sec. 7. Effective July 17, 1986.)
CA Welf & Inst Code § 10958.1 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10958.1.

10958.1.  The issues at the hearing shall be limited to those issues which are reasonably related to the request for hearing or other issues identified by either party which they have mutually agreed, prior to or at the hearing, to discuss. All of those issues shall be addressed in the hearing decisions.(Added by Stats. 1986, Ch. 415, Sec. 7.5. Effective July 17, 1986.)
CA Welf & Inst Code § 10959 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10959.

10959.  After an administrative law judge has held a hearing and issued a proposed decision, within 30 days after the department has received a copy of the administrative law judge’s proposed decision, or within the three business days for an expedited resolution of an appeal of an adverse benefit determination described in Section 10951.5 after any extensions that may apply under subdivision (c) of Section 10951.5, the director may adopt the decision in its entirety; decide the matter himself or herself on the record, including the transcript, with or without taking additional evidence; or order a further hearing to be conducted by himself or herself, or another administrative law judge on behalf of the director. Failure of the director to adopt the proposed decision, decide the matter himself or herself on the record, including the transcript, with or without taking additional evidence or order a further hearing within the 30 days, or within the three business days for an expedited resolution of an appeal of an adverse benefit determination described in Section 10951.5 after any extensions that may apply under subdivision (c) of Section 10951.5, shall be deemed an affirmation of the proposed decision. If the director decides the matter, a copy of his or her decision shall be served on the applicant or recipient and on the affected county, and, if his or her decision differs materially from the proposed decision of the administrative law judge, a copy of that proposed decision shall also be served on the applicant or recipient and on the affected county. If a further hearing is ordered, it shall be conducted in the same manner and within the same time limits specified for the original hearing.(Amended by Stats. 2017, Ch. 738, Sec. 6. (AB 205) Effective January 1, 2018.)
CA Welf & Inst Code § 10961 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10961.

10961.  The decision of the director need not specify the amount of the award to be paid unless the amount of the award is an issue. If the decision is in favor of the applicant or recipient, the county department shall pay to the applicant or recipient, without the necessity of establishing his or her present need, the amount of aid the director finds he or she is entitled to receive pursuant to the director’s decision, payment to commence as of the date the person was first entitled thereto, or grant to him or her the services to which he or she is entitled.The award shall be determined no later than 30 days following the date that the hearing decision is received by the county, or 30 days from the date the additional information needed for compliance with the decision is provided to the county. After the award is made, the county and the claimant shall be notified by the department of its determination regarding the county’s compliance with the decision.(Amended by Stats. 1986, Ch. 415, Sec. 9.5. Effective July 17, 1986.)
CA Welf & Inst Code § 10962 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10962.

10962.  The applicant, recipient, respondent, or the affected county, within one year after receiving notice of the department’s final decision, may file a petition with the superior court, under the provisions of Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. Such review, if granted, shall be the exclusive remedy available to the applicant, recipient, or respondent, or county for review of the department’s decision. The director shall be the sole respondent in such proceedings. Immediately upon being served, the director shall serve a copy of the petition on the other party entitled to judicial review and such party shall have the right to intervene in the proceedings.No filing fee shall be required for the filing of a petition pursuant to this section. Any such petition to the superior court shall be entitled to a preference in setting a date for hearing on the petition. No bond shall be required in the case of any petition for review, nor in any appeal therefrom. The applicant or recipient shall be entitled to reasonable attorney’s fees and costs, if he obtains a decision in his favor.(Amended by Stats. 2017, Ch. 732, Sec. 58. (AB 404) Effective January 1, 2018.)
CA Welf & Inst Code § 10963 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10963.

10963.  The county director shall comply with and execute every decision of the director rendered pursuant to this chapter.(Added by Stats. 1965, Ch. 1784.)
CA Welf & Inst Code § 10964 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10964.

10964.  The department shall compile and distribute to each county department a current digest of decisions, properly indexed, rendered under this chapter, and each such digest shall be open to public inspection, subject, however, to the confidentiality requirements set forth in federal and state laws and regulations.(Added by Stats. 1965, Ch. 1784.)
CA Welf & Inst Code § 10965 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10965.

10965.  Nothing in this chapter shall prevent the filing of the request for a hearing by the legal representative, or, if there is no authorized legal representative, by an heir of a deceased applicant or recipient, in behalf of the decedent’s estate, to the end that rights not determined at the time of death shall accrue to the estate of the applicant or recipient.(Added by Stats. 1965, Ch. 1784.)
CA Welf & Inst Code § 10966 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10966.

10966.  (a) In addition to any other delegation powers granted to the director under law, the director may delegate his or her powers to adopt final decisions under this chapter to all administrative law judges within specified ranges in the department, in the types of cases deemed appropriate by the director. The authority to adopt final decisions shall not be contingent upon the outcome of the judge’s resolution of the case or issue, nor upon the identity of a particular administrative law judge. The defined areas of delegation shall be published by the department after interested groups such as the Coalition of California Welfare Rights Organizations, legal aid societies, and the County Welfare Directors Association have had a reasonable amount of time to review and comment.(b) Notwithstanding any other provisions of this chapter, decisions rendered by the administrative law judges under the authority of this section shall be treated, for all purposes, as the decision of the director. The affected county, recipient, or applicant has the right to request a rehearing pursuant to Section 10960, and the right to petition for judicial review pursuant to Section 10962. (c) If the director chooses to exercise the authority to delegate his or her powers to adopt final decisions to administrative law judges, the delegation shall be in writing. Any such delegation instrument shall be a public record available at all times, including the time of hearing, from each administrative law judge to whom that authority has been delegated. The written delegation instrument shall include paragraphs (1) and (2) of the following, and may include paragraph (3) of the following:(1) It shall specify the administrative law judges that are authorized to render final decisions on his or her behalf, including the effective date of the authorization.(2) It shall specify the types of cases or issues that are subject to his or her delegation of final authority.(3) It may include any other implementation instructions which he or she determines are necessary for the effective implementation of this section.(d) Decisions rendered by administrative law judges pursuant to the provisions of this section shall be fair, impartial, independent, in writing, and in the format prescribed by the Chief Administrative Law Judge.(Added by Stats. 1986, Ch. 415, Sec. 10. Effective July 17, 1986.)
CA Welf & Inst Code § 10967 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 2 - ADMINISTRATION|CHAPTER 7 - Hearings|Section 10967.

10967.  At the time of the hearing the recipient has a right to raise the adequacy of the county’s notice of action as an issue. If the administrative law judge determines that adequate notice was provided, the recipient shall agree to discuss the substantive issue or issues or the case shall be dismissed. If the administrative law judge determines that adequate notice was not provided, the case will be postponed unless the recipient waives the adequate notice requirement and agrees to discuss the substantive issue or issues at the hearing. If the notice was not adequate and involved termination or reduction of aid, retroactive action shall be taken by the county to reinstate aid pending.(Added by Stats. 1986, Ch. 415, Sec. 10.5. Effective July 17, 1986.)