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 359 - Disqualification For Intentional Program Violation › Section 359.6 - Notification of administrative disqualification hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Following a determination that the
			 evidentiary packet is sufficient, the department must schedule an
			 administrative disqualification hearing. The notice of administrative
			 disqualification hearing which notifies the accused individual of the scheduled
			 hearing must be mailed by first class mail, or provided by any other reliable
			 method, to the accused individual.
(b) The hearing will be held at a time and
			 place convenient to the accused as far as practicable, taking into account
			 circumstances such as physical inability to travel to a regular hearing
			 location.
(c) When it mails the
			 notice of administrative disqualification hearing to the accused individual,
			 the department must mail to the social services district which requested the
			 hearing a notification of the time, date and place of the hearing by regular
			 mail.
(d) Notice of administrative
			 disqualification hearing. A written notice must be provided by the department
			 to an individual alleged to have committed an intentional program violation in
			 accordance with the standards described in section
			 359.3  of
			 this Part. This notice must be provided to the individual at least 30 days
			 prior to the date of the administrative disqualification hearing. The notice
			 must include:
(1) the date, time, and place
			 of the hearing;
(2) the charge(s)
			 against the individual;
(3) a
			 summary of the evidence and how and where the evidence may be
			 examined;
(4) a statement warning
			 that the decision will be based solely on information provided by the social
			 services district if the individual fails to appear at the hearing;
(5) a notification that the individual or the
			 individual's representative may have an opportunity to examine all documents
			 and records to be used at the hearing by calling an identified 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 public assistance unit or the nature or
			 status of pending criminal prosecutions, cannot be released;
(6) notification of the individual's right
			 to:
(i) an adjournment, provided that such a
			 request is made at least 10 days in advance of the scheduled hearing date. In
			 addition, such notification must advise the individual that if an adjournment
			 is requested less than 10 days prior to the scheduled hearing date, the
			 individual must demonstrate good cause for requesting the
			 adjournment;
(ii) present the case
			 or be represented by legal counsel or other person;
(iii) bring witnesses;
(iv) advance arguments without undue
			 interference;
(v) question or
			 refute any testimony or evidence;
(vi) confront and cross-examine adverse
			 witnesses; and
(vii) submit
			 evidence to establish all pertinent facts in the case;
(7) notification that the accused individual
			 has the right to remain silent during the hearing process, but that inferences
			 can be drawn from the silence of the individual;
(8) a statement that upon request, a copy of
			 this Part will be made available to the individual or his or her representative
			 at the social services district during normal business hours;
(9) copies of the sections of this Part
			 relevant to the hearing process;
(10) a citation of the Federal or State
			 regulations governing the hearing and/or offense where appropriate;
(11) a listing of legal aid and/or legal
			 services organizations which are available to assist in the defense of the
			 case;
(12) a statement that the
			 hearing does not preclude the State or Federal government from prosecuting the
			 individual for fraud in a civil or criminal court action, or from collecting an
			 overpayment or recovering over-issuances of benefits;
(13) a statement that in order to receive a
			 new hearing the individual or the individual's representative will have 10 days
			 from the date of the scheduled hearing to present to the department good cause
			 reasons for failing to appear at the hearing;
(14) a description of the penalties that can
			 result from a determination that the individual has committed an intentional
			 program violation and a statement of the penalty which is applicable to the
			 individual; and
(15) an explanation
			 that the individual may, in writing, waive his or her right to appear at an
			 administrative disqualification hearing as provided in section
			 359.8 
			 of this Part. This explanation must include:
(i) the date that the signed waiver must be
			 received by the department and a place in which the accused individual can sign
			 his or her name. This explanation must also include a statement that any
			 caretaker relative or head of household must also sign the waiver if the
			 accused individual is not the caretaker relative or head of household; the
			 waiver statement must include an appropriately designated signature block in
			 which such other individual can sign his or her name;
(ii) a statement of the accused individual's
			 right to remain silent concerning the charge(s), but that inferences can be
			 drawn from the silence of the individual, and that anything said or signed by
			 the individual concerning the charge(s) can be used against him or her in a
			 court of law or at an administrative hearing;
(iii) the fact that a waiver of an
			 individual's right to appear at an administrative disqualification hearing may
			 result in a disqualification penalty and a reduction or discontinuance of
			 assistance or food stamp benefits for the appropriate period even if the
			 accused individual does not admit to the facts as presented by the social
			 services district;
(iv) an
			 opportunity for the accused individual to specify whether or not he or she
			 admits to the facts as presented by the social services district;
(v) the telephone number and, if possible,
			 the name of the department employee and an employee of the social services
			 district to contact for additional information; and
(vi) the fact that the remaining members, if
			 any, of the household or assistance unit will be held responsible for the
			 repayment of any overpayment or over-issuance.