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hearing under section 4322, the fair hearing authority shall | send a written notice to the claimant that the general | assistance administrator's decision was not altered due to the | claimant's failure to appear.__The notice must indicate that the | claimant has 5 working days from receipt of the notice to submit | to the general assistance administrator information | demonstrating "just cause" for failing to appear. |
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| | 2.__Just cause.__For the purposes of a claimant's failure to | appear at a fair hearing, examples of "just cause" include: |
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| A.__A death or serious illness in the family; |
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| B.__A personal illness that reasonably prevents the | claimant from attending the hearing; |
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| C.__An emergency or unforeseen event that reasonably | prevents the claimant from attending the hearing; |
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| D.__An obligation or responsibility that a reasonable | person in the conduct of that person's affairs could | reasonably conclude takes precedence over the attendance | at the hearing; or |
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| E.__Lack of receipt of adequate or timely notice, | excusable neglect, excusable inadvertence or excusable | mistake. |
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| If the claimant establishes just cause, the request for the | hearing must be reinstated and a hearing rescheduled. |
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| | 3.__Authority of legal counsel when claimant fails to | appear.__In the event that a claimant who is represented by | legal counsel fails to appear at a fair hearing, legal counsel | may not testify in place of the claimant on matters of fact | but may cross-examine witnesses and make legal arguments on | behalf of the claimant. |
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| | The purpose of this bill is to clarify existing municipal | general assistance laws in order to facilitate administration | of and applicant access to the general assistance program. | Specifically, the bill makes the following changes. |
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| | 1. It clarifies that information may be disclosed to law | enforcement officers, emergency respondents or municipal | officials who are acting in an official capacity while | maintaining confidentiality. |
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