The California Department of Social Services (CDSS) has issued instructions regarding the process for administrative review extraordinary circumstances exemption from the IHSS overtime rules. The criteria for the extraordinary circumstances exemption are in ACL 18-31, summarized here.
The provider or recipient has 45 calendar days from the date of the notice informing of the denial of the extraordinary circumstances exemption to request administrative review. The request must be in writing on the CW 2313 form and mailed to CDSS. CDSS will not accept administrative review requests by telephone.
If the administrative review request is timely, pending overtime violations will be suppressed during the administrative review. CDSS will mail an acknowledgement of the administrative review request. Notice to the provider will include date and time for a telephone conference to be held within 10 business days. Notice to the recipient will also include the telephone conference if the recipient stated that they have additional information to provide. Both the provider and the recipient can present information during the telephone conference. If the provider or recipient ask to submit additional information, CDSS will allow 10 business days for that submission.
CDSS will review information in the CMIPS II computer system. The ACL does not state the information reviewed in CMIPS II must be provided to the recipient or provider. CDSS can ask the county for additional information. The county will have 5 business days to provide the requested information to an email address only for use by the counties. The ACL does not state that the additional information must be provided to the recipient or provider or that the recipient or provider has the opportunity to respond to additional information submitted by the county.
CDSS’ decision on the exemption request will be mailed within 20 business days of the telephone conference unless CDSS has provided additional time to submit information. (ACL 18-58, May 31, 2018.)