Scott County, Iowa

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General Assistance Program
Appeals

A. Right to a Hearing

  1. Applicants/recipients are entitled to a hearing on the following:
    1. Denial of assistance
    2. Failure to determine applicant's eligibility, and if found eligible, grant assistance within five (5) working days of application, provided the client has met eligibility requirements, including participation in the Work Readiness program.
    3. Amount of assistance granted.
    4. Discontinuance of assistance in whole or part.

B. Informing of Decision and a Right to Appeal

  1. Applicants/recipients shall be informed orally and in writing at the time of any decision relating to their application or level or assistance of:
    1. The decision made, including written notice of the basis of the decision.
    2. Their right to an appeal and that a clear written communication to the department requesting a review of a decision shall constitute an appeal.
    3. That they may be represented by themselves or a representative of their choice.
    4. The availability of community legal services to assist them.

C. Appeal Request

  1. Any clear written communication to the department by or on behalf of an applicant/recipient requesting a review of a decision shall constitute a request for an appeal hearing if made within fifteen (15) days of the decision for which the review is requested· The written communication shall specify the applicant's position as to why the case aide's decision merits review.
  2. The request for an appeal hearing cannot be denied except where the applicant/recipient has abandoned or withdrawn the request in writing.
    1. A request shall be considered withdrawn only upon receipt of a written statement before or on the day of the appeal hearing.
    2. A request may be considered abandoned if neither the appellant or representative appears at the agreed time and place for the appeal hearing.
    3. If appellants inform the case aide that they are satisfied and no longer wish to pursue their request for an appeal hearing, they will be advised that a written withdrawal of the request must be made.
  3. Requests for an appeal must be given to the client's case aide. If the case aide is unavailable, the request for an appeal shall be given to the case aide's supervisor

D. Director's Review

  1. Appeals will be heard as soon as possible and always within three (3) working days unless a greater amount of time is required by the client. At that review, the case aide's decision will be reviewed with the client. If the decision is reversed, the client and the case aide will be notified orally and in writing.
  2. If the case aide's decision is upheld, the appellant has an option of continuing the appeal process by requesting an appeal to the Board of Supervisors within fifteen (15) days of the Director's decision. Appeals to the Board will be heard within fifteen (15) days of the Director's decision. Appeals to the Board will be heard within fifteen calendar days of the request for appeal to the Board.

E. Notice of Board of Supervisor's Hearing

  1. Written notice of the hearing shall be given to the appellant at the time the appeal is given to the Community Services Department. The notice shall inform the appellant:
    1. Of the date and place of the hearing and the appeltant's right to change them if necessary.
    2. Of the specific issues which are the subject of the hearing.
    3. Of the manner in which the hearing should be conducted, including means by which adjournment may be requested and granted, and the right to present evidence and witnesses and to cross-examine adverse witnesses.
    4. The right of the parties to be represented by legal counsel or another person of their choice and the right to bring pertinent information with them.
  2. Appeals shall be heard by the Board of Supervisors at the regular Committee of the Whole sessions which occur every other Tuesday· Appeals received by the department before 5 p.m. of the Wednesday immediately preceding the Committee of the Whole session shall be heard on the following Tuesday· In those instances where a client requires more time to prepare an appeal, the hearing may be moved on to the next Committee of the Whole session if requested by the client.

F. The Community Services Department shall provide, at the appellant's request, all available pertinent information which the department intends to use at the hearing. This information may be granted to the appellant's representative also if the appellant so requests.

G. Conduct of Hearing -- Rights of Parties

  1. The Board of Supervisors shall preside. An opening statement describing the nature of the proceeding, the issues and the manner in which the hearing will be conducted shall be made by the Board Chair.
  2. All parties have a right to be represented by legal counsel or a person of their choice to testify and to bring pertinent information with them.
  3. Technical rules of evidence shall not apply but evidence must be relevant and material.
  4. Appellants and their representatives (at appellants' request) shall have the right to examine the case record in accordance with Section VI.F.
  5. The Board, when called upon to render a decision, shall not communicate directly or indirectly in connection with any issue in the case, or with any person or party except upon notice and opportunity for all parties to participate.
  6. The Board's findings shall be based solely upon evidence openly presented at the hearing. The written decision of the Board shall include a statement of the basis and legal or policy authority upon which the decision is based.
  7. General assistance hearings before the Board shall be tape-recorded. In the event of appeal of the Board's decision, the tape or a transcript shall be made available by the County at the request of a participating party. The hearing recording shall be maintained in the General assistance office for at least two (2) years following the decision.

H. Decision after Board hearing

  1. The decision shall be made in writing by the Board. It shall be issued as promptly as possible and within five (5) working days of the hearing date.
  2. A copy of the decision shall be mailed to each of the parties involved (including representatives) by the Community Services Department.

I. Decision without Board hearing

  1. Appellants have the option to request that their appeal be decided by the Board without a hearing. In such cases opportunity shall be afforded each party to submit written evidence and review and comment on evidence submitted by the other party.
  2. If at any stage of an appeal it clearly appears to the Board that the department's action is contrary to law, Board rule or policy, the Board may issue a decision directing specific actions for the benefit of the appellant.
  3. When the appellant has emergency needs resulting from a departmental decision, the Board may issue an immediate decision directing action for the benefit of the appellant.