New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-3 - Rights And Obligations Of Applicants And Recipients And Sponsors Of Aliens › Section 358-3.5 - Requests for a fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A fair
			   hearing may be requested in writing, by telephone, by electronic means, or
			   facsimile or in person.
(b)
(1) A request for a fair hearing must be made
			   within 60 days after the social services agency's determination, action, or
			   failure to act about which you are complaining except as provided in paragraphs
			   (2) and (3) of this subdivision for fair hearings relating to food stamp
			   benefits, and paragraph (4) relating to HEAP benefits and paragraph (5)
			   relating to involuntary discharges from tier II facilities, and paragraph (6)
			   relating to determinations of exemptions from work activities due to
			   disability. Where the social services agency's action is based on a change in
			   State or Federal law requiring automatic public assistance grant adjustments
			   for classes of recipients, a request for a fair hearing must be made within 60
			   days after the changed grant becomes available to you.
(2) A request for a fair hearing to complain
			   about any action by the social services agency affecting your food stamp
			   benefits, including a loss of food stamp benefits, must be made within 90 days
			   after the determination, action or failure to act about which you are
			   complaining. Action includes a denial of a request for restoration of any
			   benefits lost more than 90 days but less than one year prior to the request for
			   restoration. Where the social services agency's action is the result of a mass
			   change, a request for a fair hearing must be made within 90 days after the
			   changed level of benefits become available to you.
(3) A request for a fair hearing to dispute
			   the current level of food stamp benefits granted to your household must be made
			   during the food stamp certification period.
(4) A request for a fair hearing to review
			   the denial of, the failure to act on an application for, or the adequacy of a
			   HEAP benefit must be made no later than 60 days after the mailing of the
			   notice. Notwithstanding the provisions of this Part and Part 393 of this Title,
			   no person shall be certified as eligible to receive a HEAP benefit as a result
			   of a fair hearing if no Federal funds are available for such purpose. Federal
			   funds are available for the provision of a HEAP benefit until the end of the
			   Federal fiscal year succeeding the end of the HEAP program year for which such
			   benefit is claimed. The issuance of a HEAP benefit in compliance with a fair
			   hearing decision can only be provided if the hearing request is made during the
			   period of time when Federal funds are available.
(5) A request for a fair hearing to review
			   the involuntary discharge of a resident from a tier II facility after the
			   resident has requested and participated in a hearing, held by the facility or
			   social services district in which the facility is located, must be made no
			   later than 30 days after the decision of the facility or social services
			   district is rendered.
(6) A request
			   for a fair hearing relating to determinations of exemptions from work
			   activities due to disabilities must be made with 10 days of the agency's notice
			   of determination pursuant to section
			   385.2(d)(7)(i) 
			   of this Title.
(7) If the last day
			   for requesting a fair hearing falls on a weekend or holiday, a hearing request
			   postmarked or received by OAH on the day after the weekend or holiday will be
			   considered as timely received.