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 5 - MISCELLANEOUS › Part 399 - Food Stamp Fraud And Food Stamp Intentional Program Violations-disqualification › Section 399.6 - Administrative food stamp fraud hearings (pre-August 1, 1983, acts)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Administrative
			 food stamp fraud hearings are defined in section
			 399.1(b) 
			 of this Part and are separate and distinct from administrative disqualification
			 hearings which are defined in section
			 399.1(d).
(b) Such hearings are scheduled by the
			 department at the request of the local social services district with the
			 department providing at least 30 days' advance notice of the hearing to the
			 recipient or former recipient against whom the hearing is requested. The
			 district shall request the hearing by forwarding to the department an
			 evidentiary packet which conforms to the standards as set forth in section
			 399.3(i) 
			 of this Part, along with its request for a hearing.
(c) Upon receipt of a local social services
			 district's request for hearing and accompanying evidentiary packet, the
			 department will review the packet to determine if it contains sufficient
			 documentary evidence to substantiate that an individual has committed one or
			 more acts of fraud as defined in section
			 399.1(a) 
			 of this Part. The department will make a further and concurrent determination
			 as to whether the evidentiary packet satisfies the provisions of section
			 399.3(i) 
			 of this Part. Should the department's review of the evidentiary packet indicate
			 that there is either insufficient documentary evidence to establish fraud as
			 committed or that the packet does not comply with the provisions of section
			 399.3(i),
			 the department will return the packet to the local social services district as
			 insufficient for scheduling.
(d)
			 Following a determination that the evidentiary packet is sufficient, the
			 department shall schedule an administrative food stamp fraud hearing in
			 accordance with subdivision (b) of this section. The notice of hearing shall be
			 mailed certified mail, return receipt requested, to the recipient charged and
			 shall contain a warning that a determination of fraud will result in a
			 three-month disqualification for the individual and a reduction in benefits for
			 the remainder of the household and:
(1) the
			 date, time, and place of the hearing;
(2) the charge(s) against the household
			 member;
(3) a summary of the
			 evidence and how and where the evidence may be examined;
(4) a warning that the decision will be based
			 solely on information provided by the local social services district if the
			 household member fails to appear at the hearing;
(5) a notification that the household or its
			 representative may have an opportunity to examine all documents and records to
			 be used at the hearing by calling a specific contact telephone number and
			 making arrangements to examine the documents and records at a specified place,
			 provided that confidential information, such as names of individuals who have
			 disclosed information about the household without its knowledge or the nature
			 or status of pending criminal prosecutions, is protected from
			 release;
(6) notification of the
			 household's right to request an adjournment (indicating that such a request
			 should be made at least 10 days in advance of the scheduled hearing date), to
			 present the case or be represented by legal counsel or other person, to bring
			 witnesses, to advance arguments without undue interference, to question or
			 refute any testimony or evidence, to confront and cross-examine adverse
			 witnesses and to submit evidence to establish all pertinent facts in the
			 case;
(7) notification to the
			 household and to the individual charged of the right to remain silent both
			 before and at the hearing;
(8) a
			 statement that a copy of this Part is available to the household at the local
			 social services district;
(9)
			 copies of the pages of this Part relevant to the hearing process;
(10) a citation of the Federal or State food
			 stamp regulation governing the action where appropriate;
(11) a listing of legal aid and/or legal
			 services organizations in all portions of the State which are available to
			 assist with defense of the case;
(12) a statement that the hearing does not
			 preclude the State or Federal government from prosecuting the household member
			 for fraud in a civil or criminal court action, or from collecting the
			 overissuance; and
(13) a statement
			 that the household member or representative will have 10 days from the date of
			 the scheduled hearing to present good cause for failure to appear to the
			 department in order to receive a new hearing.
The notice of hearing sent to recipients in New York City
			   shall be in Spanish and English.