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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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