Chap. 346.—An ACT to amend and re-enact Sections 10, 13 as amended, 23, 33, 40
43 as amended, 53 and 71 of Chapter 379, Acts 1938, approved March 31, 1938,
short title of which is “Virginia Public ‘Assistance Act of 1938” to allow re-
ciprocal interstate agreements regarding residence of applicants, to give the local
welfare boards complete discretion in the determination of awards, to simplify
the procedures regarding fair hearings and to change the short title. [H 348]

Approved March 30, 1944

Be it enacted by the General Assembly of Virginia:

1. That sections ten, thirteen as amended, twenty-three, thirty-three.
forty, forty-three as amended, fifty-three and seventy-one of chapter
three hundred seventy-nine, Acts nineteen hundred thirty-eight, approved
March thirty-one, nineteen hundred thirty-eight, short title of which is
“Virginia Public ‘Assistance Act of 1938”, be amended and re- “enacted,
as follows:

Section 10. Eligibility for assistance.—An aged person shall be eligi-
ble for assistance if he

(a) Has attained the age of sixty-five years:

(b) Has resided in this State for at least five years within the nine
years immediately preceding the date of application for such assistance,
and continuously for one year immediately preceding such application,
provided however that this residence requirement may be waived either
in part or entirely with respect to persons coming from such States as
will enter into reciprocal agreements pursuant to chapter one hundred
fourteen, Acts of General Assembly of nineteen hundred forty ;

(c) Is needy and is in need of public assistance ;

(d) Is not an inmate of or being maintained by any county, munici-
pal, State, or National institution at the time of receiving such assistance ;
such an inmate may however make application for old age assistance,
but such assistance, if granted, shall not begin until after he ceases to be
such inmate ;

- (e) Has not made an assignment or transfer of property so as to
render himself eligible for old age assistance under this act at any time
within five years immediately prior to the filing of the application for
such assistance.

Section 13. Decision of local board.—(a) Upon completion of the
investigation, the local board shall determine whether the applicant is
eligible for assistance under the provisions of this act, and, if eligible, the
amount of such assistance and the date upon which such assistance,
such assistance shall begin. If the local board approves the payment of
assistance, such assistance shall thereupon, until changed, modified or
revoked, be paid as hereinafter provided.
(b) |The amount of assistance which any person shall receive shall
be determined with due regard to the property and income of the person
and any support which he may or should receive from other sources,
including assistance from persons legally responsible for his support,
the necessary expenditures of the individual and the conditions existing
in each case, and in accordance with rules and regulations made by the
State board and shall be sufficient, when added to all other income and
support of the recipient, to provide such person with a reasonable sub-
sistence ; but in no case shall such assistance bé an amount which shall
exceed the maximum which will be allowed for purposes of reimburse-
ment under the Federal Social Security Act.

(c) If the local board finds that the applicant is not entitled to assist-
ance under this act it shall deny the application.

(d) As soon as the local board makes its decision, it shall notify, in
writing, the applicant thereof.

(e) The local board shall preserve, for such length of time as the
State board may prescribe, a record of the decision of the local board
and all supporting documents and records, including the findings and
recommendations of the local superintendent. The State board may by
rule or regulation require that the local board transmit to the commis-
sioner, immediately upon its decision in any case, a record of the deci-
sion and a duplicate or copy of all such supporting documents and
records, including the findings and recommendations of the local super-
intendent.

Section 23. Appeals; reviews.—(a) Any applicant or recipient ag-
grieved by any decision granting, changing, suspending or refusing or
by failure to make a decision within a reasonable time under the pro-
visions of this act, may, within thirty days after receiving notice in
writing of such decision appeal therefrom to, or ask for a review of the
same by, the State board.

(b) The State board shall provide upon request an opportunity for
a fair hearing, reasonable notice of which shall be given in writing to the
applicant or recipient and to the proper local board in such manner and
form as the State board may prescribe. The State board shall if it
deems proper make or cause to be made an investigation of the facts.
The State board shall give fair and impartial consideration to the testi-
mony of witnesses, or other evidence produced at the hearing, reports
of mvestigations of the local board and local superintendent or of in-
vestigations made or caused to be made by the State board, or any other
facts which the State board may deem proper to enable it to decide fairly
the appeal or review.

(c) The State board may also, upon its own motion, review any de-
cision of a local board, and may consider any application for assistance
upon which a decision is not made by the local board within a reasonable
time.

(d) Subject to the foregoing provisions of this section, the decision
of the State board shall be final and binding, and in addition shall be
treated as the decision of the local board concerned, and shall not be
subject to further review or appeal, except that the State board may at
any time thereafter reopen and review the matter involved.

Section 33. Appeals; reviews——(a) Any applicant or recipient ag-
grieved by any decision granting, changing, suspending or refusing or
by failure to make a decision within a reasonable time under the pro-
visions of this act, may within thirty days after receiying notice in writ-
ing of such decision appeal therefrom to, or ask for a review of the same
by, the State board.

(b) The State board shall provide upon request an opportunity for
a fair hearing, reasonable notice of which shall be given in writing to the
applicant or recipient and to the proper local board in such manner and
form as the State board may prescribe. The State board shall if it deems
proper make or cause to be made an investigation of the facts. The
State board shall give fair and impartial consideration to the testimony of
witnesses, or other evidence produced at the hearing, reports of investi-
gations of the local board and local superintendent or of investigations
made or caused to be made by the State board, or any other facts which
the State board may deem proper to enable it to decide fairly the appeal
or review.

(c) The State board may also, upon its own motion, review any de-
cision of a local board, and may consider any application for aid upon
which a decision is not made by the local board within a reasonable
time.

(d) Subject to the foregoing provisions of this section, the decision
of the State board shall be final and binding, and in addition shall be
treated as the decision of the local board concerned, and shall not be sub-
ject to further review or appeal, except that the State board may at any
time thereafter reopen and review the matter involved.

Section 40. Eligibility for aid to the blind.—A blind person shall be
eligible for aid to the blind if he

(a) Has, with correcting glasses, twenty/two hundredths (20/200)
vision or less, in the better eye ;

(b) Has resided in this State for at least five years within the nine
years immediately preceding the date of application for aid to the blind,
and continuously for one year immediately preceding such application ;
provided however that this residence requirement may be waived either
in part or entirely with respect to persons coming from such states as
will enter into reciprocal agreements pursuant to chapter one hundred
fourteen, Acts of General Assembly of nineteen hundred forty ;

(c) Is needy and is in need of public assistance ;

(d) Is not an inmate of or being maintained by any county, munici-
pal, State or National institution at the time of receiving aid to the
blind; such an inmate may however make application for such aid, but
such aid, if granted, shall not begin until after he ceases to be such in-
mate;

(e) Has not made an assignment or transfer of property so as to
render himself eligible for aid to the blind under this act at any time within
five years immediately prior to the filing of the application for such aid.
Section 43. Decision of local board.—(a) Upon completion of the
investigation, the local board shall determine whether the applicant is
eligible for aid to the blind under the provisions of this act, and, if eligible,
the amount of such aid and the date upon which such aid shall begin.
If the local board approves the payment of aid to the blind, such aid shall
thereupon, until changed, modified or revoked, be paid as hereinafter
provided.

(b) The amount of aid which any blind person shall receive shall
be determined with due regard to the property and income of the blind
person and any support which he may or should receive from other
sources, including assistance from persons legally responsible for his sup-
port, the necessary expenditures of the individual and the conditions ex-
isting in each case, and in accordance with rules and regulations made
by the commission and'shall be sufficient, when added to all other income
and support of the recipient, to provide such blind person with a reason-
able subsistence; but in no case shall such aid be an amount which shall
exceed the maximum which will be allowed for purposes of reimburse-
ment under the Federal Social Security Act.

(c) If the local board finds that the applicant is not entitled to aid
to the blind under this act it shall deny the application.

(d) As soon as the local board makes its decision, it shall notify.
in writing, the applicant thereof.

(e) The local board shall preserve, for such length of time as the
commission may prescribe, a record of the decision of the local board and
all supporting documents and records, including the findings and recom-
mendations of the local superintendent. The commission may by rule or
regulation require that the local board transmit to the secretary, 1m-
mediately upon its decision in any case, a record of the decision and a
duplicate or copy of all such supporting documents and records, includ-
ing the findings and recommendations of the local superintendent.

Section 53. Appeals; reviews.—(a) Any applicant or recipient ag-
grieved by any decision granting, changing, suspending or refusing or
by failure to make a decision within a reasonable time under the pro-
visions of this act, may, within thirty days after receiving notice in writ-
ing of such decision appeal therefrom to, or ask for a review of the
same by, the commission. :

(b) The commission shall provide upon request an opportunity for
a fair hearing, reasonable notice of which shall be given in writing to the
applicant or recipient and to the proper local board in such manner and
form as the commission may prescribe. The commission shall if it deems
proper make or cause to be made an investigation of the facts. The com-
mission shall give fair and impartial consideration to the testimony of
witnesses, or other evidence produced at the hearing, reports of investi-
gations of the local board and local superintendent or of investigations
made or caused to be made by the commission, or any other facts which
the commission may deem proper to enable it to decide fairly the ap-
peal or review.

(c) The commission may also, upon its own motion, review any de-
cision of a local board, and may consider any application for aid to the

blind upon which a decision is not made by the local board within a
reasonable time.

(d) Subject to the foregoing provisions of this section, the decision
of the commission shall be final and binding, and in addition shall be
treated as the decision of the local board concerned, and shall not be sub-
ject to further review or appeal, except that the commission may at any
time thereafter reopen and review the matter involved.

Section 71. This act shall be known, designated and cited as the
“Virginia Public Welfare and Assistance Act of 1938’.