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 358-3.1 - Right to a fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			   applicant or recipient has the right to challenge certain determinations or
			   actions of a social services agency or such agency's failure to act with
			   reasonable promptness or within the time periods required by other provisions
			   of this Title, by requesting that the OAH provide a fair hearing. The right to
			   request a fair hearing cannot be limited or interfered with in any
			   way.
(b) If you are an applicant or
			   a recipient of assistance, benefits or services you have a right to a fair
			   hearing if:
(1) your application has been
			   denied by a social services agency, or you have agreed in writing that your
			   application should be withdrawn but you feel that you were given incorrect or
			   incomplete information about your eligibility for the covered program or
			   service; or
(2) a social services
			   agency has failed to:
(i) determine your
			   eligibility for a covered program or service with reasonable promptness or
			   within the time periods required by other provisions of this Title;
(ii) issue or adjust your cash
			   grant;
(iii) issue or adjust your
			   food stamp benefits; or
(iv)
			   authorize medical care or services for you; or
(3) your public assistance, medical
			   assistance, food stamps or services have been discontinued, suspended or
			   reduced, or your public assistance, medical assistance or food stamps have been
			   increased; or
(4) the method or
			   manner or form of payment of all or part of your public assistance grant has
			   been changed, a restricted payment is being made or is being continued or a
			   medical assistance authorization is restricted; or
(5) you object to the payee selected for a
			   restricted payment; or
(6) your
			   public assistance, medical assistance, HEAP or services are inadequate;
			   or
(7) although there has been no
			   change in the amount of your public assistance grant, medical assistance
			   spenddown or food stamp benefits, you wish to challenge the social services
			   agency's determination that the amount of one of the items used in the
			   calculation of your public assistance grant, medical assistance spenddown or
			   food stamp benefits has changed; or
(8) your request for restoration of any food
			   stamp benefits lost less than one year prior to the request for restoration has
			   been denied; or you do not agree with the amount of food stamp benefits
			   restored or any other action taken by the social services agency to restore
			   such benefits; or
(9) your food
			   stamp benefits have been reduced, suspended or cancelled as a result of an
			   order issued by the United States Food and Nutrition Service to reduce
			   allotments because the requirements of states participating in the Food Stamp
			   Program will exceed appropriations; however, in such case you have the right to
			   a fair hearing only if you believe that your benefit level was computed
			   incorrectly under Federal rules, or that Federal rules were misapplied or
			   misinterpreted; or
(10) you are
			   aggrieved by a mass change in the Food Stamp Program; or
(11) within a certification period, the
			   amount of your food stamp benefits is inadequate and you have made the request
			   for a fair hearing within such certification period; or
(12) your application for food stamp benefits
			   has been denied or your food stamp benefits have been reduced or discontinued
			   due to a determination that you are not exempt from Food Stamp Program work
			   requirements and that you have failed to comply with work registration or
			   employment and training requirements. You may request a fair hearing to review
			   such determination including the determination of exemption status, the type of
			   requirement imposed, or a social services agency's refusal to make a finding of
			   good cause for failure to comply with such requirements if you believe that the
			   finding of failure to comply was improper; or
(13) you are required to participate in a
			   service, except when required to do so by court order; or
(14) you are an applicant for or a recipient
			   of public assistance and you object to a social services agency determination
			   that you are not exempt from work program requirements or to the determination
			   that you are not work-limited as provided by section
			   385.2 
			   of this Title; or
(15) you object
			   to the amount deducted from your initial payment of supplemental security
			   income as reimbursement of public assistance; or
(16) the amount you are being charged for a
			   service has been increased and such increase is not based on a change in the
			   fee or family share schedule; or
(17) you disagree with the amount of a claim
			   for the overpayment of public assistance or the over-issuance of food stamp
			   benefits, except if the amount of such claim has already been determined in
			   accordance with Part 359 or 399 of this Title, by an administrative
			   disqualification hearing, a waiver for an administrative disqualification
			   hearing, a court determination or a disqualification consent agreement;
			   or
(18) you are a recipient of
			   medical assistance and you have reached a utilization threshold and your
			   application for an exemption from or increase to such threshold has been
			   denied; or
(19) you are
			   participating in a work-related program or activity under Part 385 of this
			   Title and you have a complaint regarding the calculation of your hours of
			   participation in work experience or in work experience as part of community
			   service; or
(20) you have been
			   denied a waiver of public assistance program requirements under section
			   351.2(l) 
			   of this Title or an extension of such waiver has been denied or such waiver has
			   been terminated or modified.