Form Dpa 435 - County Allegation Of Intentional Program Violation/statement Of Position (Request For An Administrative Disqualification Hearing) Page 5

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State of California – Health and Human Services Agency
California Department of Social Services
being referred for prosecution or subsequent to any action taken against the accused individual
by the prosecutor or court of appropriate jurisdiction, if the factual issues of the case arise out
of the same or related circumstances.
Section 22-340.7 (CalWORKs) and 20-300.24 and 63-801.43 (CalFresh), provide that if the decision
of the ALJ finds that the respondent committed an IPV, the County Welfare Department shall provide
a written notice to the respondent prior to disqualification. The CalWORKs regulation in subsection
.71 provides that the notice shall inform the respondent of the following:
.711
The decision and the reason for the decision;
.712
The period of disqualification (which shall begin no later than the first day of the second
month which follows the date of notice); and
.713
The amount of payment the assistant unit will receive during the disqualification period.
The CalFresh sections provide that the notice shall advise the remaining household members of the
allotment they will receive during the disqualification period. The county shall send the individual a
written demand letter which informs the individual of the amount owed, the reason for the claim, the
period of time the claim covers, any offsetting due to previous underissuances which reduced the
claim, how the household may pay the claim, and the individual’s right to request a State Hearing
if the individual disagrees with the amount of the claim (unless the household has already had a
State Hearing on the amount of the claim). The individual shall be advised of the right to request
renegotiation of any agreed- to repayment schedule should the household’s economic circumstances
change. The household shall be advised that the household’s current CalFresh allotment will be
reduced if the household fails to make restitution.
DPA 435 (1/18)
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