California 2013-2014 Regular Session Status: In Committee

AB 1776 — Public social services: hearings.

Last action — From committee without further action.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes an applicant for, or recipient of, public social services who is dissatisfied with certain actions of the county welfare department to request a hearing from the state department administering the social services. Existing law requires the state department administering the social services to set the hearing to commence within 30 working days after the request is filed, and to give written notice to the parties at least 10 days prior to the hearing. Existing law requires the hearing to be conducted by an administrative law judge, with an exception, and authorizes the administrative law judge, under certain circumstances, to render and adopt final decisions, with which decision the county director is required to comply and execute. This bill would authorize a recipient requesting a hearing to access communications and notices electronically, rather than receiving those communications by mail, in counties where that electronic communication is available. The bill would require the State Department of Social Services, in consultation with the State Department of Health Care Services, to develop a process for recipients to choose to receive notices or other communications electronically, and to establish statewide protocols relating to the failure of electronic communication to ensure timely receipt of hearing-related information. The bill would also require the State Department of Social Services to submit a request to the United States Department of Agriculture to waive specified federal regulations to allow for the use of electronic notification of scheduled fair hearings and fair hearing decisions. This bill would require the county representative to offer the recipient a conditional withdrawal or notice of action, as specified, if a hearing concerns a recipient's eligibility for a benefit or service and the county representative finds that certain acts or evidence would establish the recipient's eligibility for that benefit or service or concludes that the county erred. The bill would require the conditional withdrawal to list the agreed-upon conditions that the recipient is required to meet, and require the county to issue any benefits for which the recipient is eligible following the recipient's meeting of those conditions. By imposing a higher level of service on counties, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. From committee without further action.

  2. In committee: Set, second hearing. Held under submission.

  3. In committee: Set, first hearing. Referred to APPR. suspense file.

  4. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 29). Re-referred to Com. on APPR.

  5. Re-referred to Com. on HUM. S.

  6. From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

  7. Referred to Com. on HUM. S.

  8. From printer. May be heard in committee March 21.

  9. Read first time. To print.

Sponsors

  • Nazarian · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Nazarian

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Subjects

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Frequently asked questions

What does AB 1776 do?
Existing law authorizes an applicant for, or recipient of, public social services who is dissatisfied with certain actions of the county welfare department to request a hearing from the state department administering the social services. Existing law requires the state department administering the social services to set the hearing to commence within 30 working days after the request is filed, and to give written notice to the parties at least 10 days prior to the hearing. Existing law requires the hearing to be conducted by an administrative law judge, with an exception, and authorizes the administrative law judge, under certain circumstances, to render and adopt final decisions, with which decision the county director is required to comply and execute. This bill would authorize a recipient requesting a hearing to access communications and notices electronically, rather than receiving those communications by mail, in counties where that electronic communication is available. The bill would require the State Department of Social Services, in consultation with the State Department of Health Care Services, to develop a process for recipients to choose to receive notices or other communications electronically, and to establish statewide protocols relating to the failure of electronic communication to ensure timely receipt of hearing-related information. The bill would also require the State Department of Social Services to submit a request to the United States Department of Agriculture to waive specified federal regulations to allow for the use of electronic notification of scheduled fair hearings and fair hearing decisions. This bill would require the county representative to offer the recipient a conditional withdrawal or notice of action, as specified, if a hearing concerns a recipient's eligibility for a benefit or service and the county representative finds that certain acts or evidence would establish the recipient's eligibility for that benefit or service or concludes that the county erred. The bill would require the conditional withdrawal to list the agreed-upon conditions that the recipient is required to meet, and require the county to issue any benefits for which the recipient is eligible following the recipient's meeting of those conditions. By imposing a higher level of service on counties, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 1776?
AB 1776 is sponsored by Nazarian.
What is the current status of AB 1776?
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1776?
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