LD 619
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Page 4 of 6 An Act Making Substantive and Technical Changes to the General Assistance Laws ... Page 6 of 6
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LR 1283
Item 1

 
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.

 
2.__Just cause.__For the purposes of a claimant's failure to
appear at a fair hearing, examples of "just cause" include:

 
A.__A death or serious illness in the family;

 
B.__A personal illness that reasonably prevents the
claimant from attending the hearing;

 
C.__An emergency or unforeseen event that reasonably
prevents the claimant from attending the hearing;

 
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

 
E.__Lack of receipt of adequate or timely notice,
excusable neglect, excusable inadvertence or excusable
mistake.

 
If the claimant establishes just cause, the request for the
hearing must be reinstated and a hearing rescheduled.

 
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.

 
SUMMARY

 
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.

 
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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