reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 4 - Audits and Reviews › Part 326 - Quality Control › Section 326.2 - Selection of cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Social
			 services districts will be supplied monthly by the department with an
			 appropriate number or random case-number endings for active ADC, MA and
			 food-stamp cases.
(b) Social
			 services districts will be supplied by the department, with a random start and
			 an appropriate interval for selection of the negative-action, ADC, MA or
			 food-stamp (non-public-assistance) cases. Negative-action cases are defined as
			 nonaccepted applications, withdrawals of applications and case
			 closings.
(c) Each social services
			 district shall enter onto form DSS 1727 those cases falling within the sample
			 and shall submit a completed DSS 1727 to the department's bureau of audit
			 operations not later than the 10th day of the month of selection.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 4 - Audits and Reviews › Part 326 - Quality Control › Section 326.3 - Review of case records

Current through Register Vol. 46, No. 28, July 10, 2024
Staff of the department will be responsible for the
			   review of case records and the completion of the quality control review. Local
			   social services officials shall make available to department staff in a prompt
			   fashion, all records which pertain to the case, including financial
			   data.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
			 responsibility and the intent of the State Department of Social Services
			 (hereinafter "department") to fully comply with the provisions of article 6-A
			 of the Public Officers Law, the Personal Privacy Protection Law.
(b) The department shall maintain in its
			 records only such personal information that is relevant and necessary to
			 accomplish a purpose of the department that is required to be accomplished by
			 statute or executive order, or to implement a program specifically authorized
			 by law.
(c) Record, as used herein,
			 means any item, collection or grouping of personal information about a data
			 subject which is maintained and is retrievable by use of the name or other
			 identifier of the data subject. The term record shall not include personal
			 information which is not used to make any determination about the data subject
			 if it is:
(1) a telephone book or directory
			 used exclusively for telephone and directory information;
(2) any card catalog, book or other resource
			 in any library;
(3) any compilation
			 of information containing only names and addresses which is used as a mailing
			 list;
(4) personal information
			 required by law to be maintained and required by law to be used only for
			 statistical research or reporting purposes;
(5) information requested by the agency which
			 is necessary for the agency to answer unsolicited requests by the data subject
			 for information; or
(6)
			 correspondence files.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.2 - Privacy compliance officer; personal information procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director of
			 Public Information and Communications is hereby designated privacy compliance
			 officer and is responsible for ensuring that the department complies with the
			 provisions of the Personal Privacy Protection Law and the regulations herein
			 and for coordinating the department's response to requests for records or
			 amendment of records.
(b) The
			 address and telephone number of the privacy compliance officer is: Department
			 of Social Services, 40 North Pearl Street, Albany, NY 12243, (518)
			 474-9516.
(c) The privacy
			 compliance officer is responsible for overseeing department procedures, by
			 which a data subject can learn if a system of records contains any information
			 pertaining to the data subject, including:
(1) assisting a data subject in identifying
			 and requesting personal information, if necessary;
(2) describing the contents of systems of
			 records orally or in writing in order to enable a data subject to learn if a
			 system of records includes a record or personal information identifiable to a
			 data subject requesting such record or personal information;
(3) taking one of the following actions upon
			 locating the record sought:
(i) except as
			 prohibited by subdivision (d) of this section, make the record available for
			 inspection, in a printed form without codes or symbols, unless an accompanying
			 document explaining such codes or symbols is also provided;
(ii) permit the data subject to copy
			 information from the record; or
(iii) deny access to the record in whole or
			 in part and explain in writing the reasons therefor;
(4) upon payment of established fees, unless
			 such fees are exempted by section
			 339.11(c) 
			 of this Part, making a photocopy of the record or permitting the data subject
			 to make a photocopy of the record;
(5) upon request, certifying that a copy of a
			 record is a true copy; or
(6) upon
			 request, certifying that:
(i) the department
			 does not have possession of the record sought;
(ii) the department cannot locate the record
			 sought after having made a diligent search; or
(iii) the information sought cannot be
			 retrieved by use of the data subject's description thereof, or by use of the
			 name or other identifier of the data subject without extraordinary search
			 methods being employed by the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
			 request is made in person, subject to the provisions of section
			 339.6(a) 
			 of this Part, or when records are made available in person following a request
			 made by mail, the department shall require appropriate identification such as a
			 driver's license, an identifier assigned to the data subject by the department,
			 a photograph identification or similar information that confirms that the
			 record sought pertains to the data subject.
(b) When a request is made by mail, the
			 department shall require verification of a signature or inclusion of an
			 identifier generally known only by a data subject or other appropriate
			 identification.
(c) Proof of
			 identity shall not be required regarding a request for a record accessible to
			 the public pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.4 - Availability of records

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to being available by mail, records shall
			   also be made available by appointment at the main office of the department,
			   which is located at: 40 North Pearl Street, Albany, NY 12243.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.5 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall accept requests for records and
			   produce records by appointment during regular business hours.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.6 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
			 requests shall be made in writing.
(b) A request shall reasonably describe the
			 record sought. Whenever possible, the data subject should supply identifying
			 information that assists the department in locating the record
			 sought.
(c) Requests based upon
			 categories of information described in a notice of a system of records or a
			 privacy impact statement shall be deemed to reasonably describe the record
			 sought.
(d) Within five business
			 days of the receipt of a written request, the department shall provide access
			 to the record; deny access in writing explaining the reasons therefor; or
			 acknowledge the receipt of the request in writing, stating the approximate date
			 when the request will be granted or denied, which date shall not exceed 30 days
			 from the date of the acknowledgment.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.7 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a written request from a data
			   subject for correction or amendment of a record or personal information that is
			   reasonably described and that pertains to the data subject, the agency
			   shall:
(a) make the amendment or
			 correction in whole or in part and inform the data subject that, on request,
			 such correction or amendment will be provided to any person or governmental
			 unit to which the record or personal information has been or is disclosed
			 pursuant to paragraphs (d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law; or
(b) inform the data subject in writing of its
			 refusal to correct or amend the record, including the reasons
			 therefor.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.8 - Denial of request for a record or amendment or correction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of a
			 request for records or for amendment or correction of a record or personal
			 information shall:
(1) be in writing,
			 explaining the reasons therefor;
(2) identify the person to whom an appeal may
			 be directed; and
(3) explain the
			 procedure for pursuing such appeal.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.9 - Appeal of denial

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
			 denied access to a record or denied a request to amend or correct a record or
			 personal information, may within 30 business days of such denial appeal such
			 denial in writing to the privacy compliance appeals officer designated in
			 section
			 339.8 
			 of this Part.
(b) The time for
			 deciding an appeal shall commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
			 record or amendment or correction of a record or personal
			 information;
(2) the record that is
			 the subject of the appeal; and
(3)
			 the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.10 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
			 personal information is denied in whole or in part upon appeal, the
			 determination rendered pursuant to the appeal shall inform the data subject of
			 the right to:
(1) file with the department a
			 statement of reasonable length setting forth the data subject's reasons for
			 disagreement with the determination;
(2) request that such a statement of
			 disagreement be provided to any person or governmental unit to which the record
			 has been or is disclosed pursuant to paragraph (d), (i), or (l) of subdivision
			 1 of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 339 - Access To Personal Information Under Personal Privacy Protection Law › Section 339.11 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
			 otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
			 Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall use the procedures in this Part in
			   providing public access to information under the Freedom of Information Law
			   (Public Officers Law, sections 84-90).
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this section:
(a) Business days means each regular business
			 day of the State of New York, excluding weekends and legal holidays.
(b) Department records means all records
			 produced, filed or first kept or promulgated after September 1, 1974.
(c) Subject-matter list means a reasonably
			 detailed current list, by subject matter, of all department records whether or
			 not available under the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.3 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer, who shall be the departmental
			   public information officer, shall be responsible for providing access to
			   department records in response to requests therefor by any member of the
			   public, to the extent required by the Freedom of Information Law. In carrying
			   out this responsibility, the records access officer shall:
(a) compile and maintain the subject-matter
			 list;
(b) receive requests for
			 identifiable records;
(c) determine
			 whether a request sufficiently identifies a record; and, if not, so notify the
			 person making the request and make reasonable efforts to assist him in
			 identifying the records, if necessary;
(d) if the request is for a record or records
			 contained in files maintained by him, determine whether the requested record is
			 required by law to be made available; and, if so, comply with the request
			 directly, upon payment of any fees required under this Part;
(e) if the request is for a record contained
			 in files maintained by another division or office within the department,
			 determine in consultation with officials of that division or office whether the
			 requested record is required by law to be made available; and, if so, assure
			 that the request is complied with, upon payment of or offer to pay any fees
			 required under this Part;
(f) if
			 the request is denied in whole or in part, provide the person making the
			 request with written notification of that decision and the reasons
			 therefor;
(g) certify, when a
			 record cannot be located, that:
(1) the
			 department is not the legal custodian for such records; or
(2) after diligent search, the record cannot
			 be found;
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.4 - Time and place for inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted
			   and records made available for inspection and copying between the hours of 8:30
			   a.m. and 5 p.m., on business days, at 40 North Pearl Street, Albany, NY, or at
			   such other place as is mutually agreeable.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.5 - Subject-matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 subject-matter list shall be available for public inspection and copying. The
			 list shall be sufficiently detailed to permit the requester to identify the
			 file category of the records sought.
(b) The subject-matter list shall be revised
			 and updated not less than semi-annually and the date of the most recent
			 revision shall appear on the first page.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.6 - Requests for public access to records; procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Manner of making requests.
(1) A request for access to department
			 records may be made by mail, in person or by telephone.
(2) The person making a request for access to
			 records shall, to the best of his ability, supply information regarding dates,
			 titles, file designations, or other information which may help identify the
			 records.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.7 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
			 a charge of 25 cents per photocopy page for all records which can be
			 photocopied. However, the commissioner in his discretion may waive the
			 collection of such a fee on any request for copies of 10 or less
			 pages.
(b) For a record which
			 cannot be readily photocopied, there shall be a charge equal to the amount of
			 the actual cost of making a transcript thereof.
(c) There shall be no fee charged for
			 inspection of records, search for records, or for any certification under this
			 Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.8 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
			 of access to records shall be in writing, stating the reason or reasons
			 therefor and advising the person making the request of his right to appeal to
			 the appeals officer, who shall be the departmental general counsel.
(b) Failure to provide records or to
			 acknowledge receipt of a request therefor within the time specified in section
			 340.6(b) 
			 of this Part shall be deemed a denial of access for purposes of section
			 340.9  of this
			 Part; provided, however, that if the request is acknowledged or the records are
			 provided prior to the time an appeal is initiated, such a failure shall not be
			 deemed a denial.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.9 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
			 whose request for department records has been denied may appeal to the appeals
			 officer designated by the State Commissioner of Social Services, who shall
			 decide all appeals from denial of access to records in accordance with the
			 provisions of the Freedom of Information Law.
(b) All appeals shall be in writing,
			 addressed to the appeals officer, and mailed or submitted to him within 30
			 business days after the receipt of denial of access to the requested records,
			 or within 40 business days after the request is made, if no response to the
			 request has been received. Each such appeal shall contain at least the
			 following information:
(1) the date or dates
			 on which each such record was requested and the manner in which each was
			 made;
(2) the record or records to
			 which access was denied;
(3)
			 whether the denial of access was:
(i) in
			 writing, and if so, the date thereof; or
(ii) by failure to provide records, or to
			 acknowledge receipt of a request therefor within the time specified in section
			 340.6(b) 
			 of this Part; and
(4)
			 the date of the appeal and the name and address of the person making the
			 appeal.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.10 - Names, addresses and telephone numbers of department officials

Current through Register Vol. 46, No. 28, July 10, 2024
The names, business addresses, and telephone numbers of
			   the records access officer, and the appeals officer shall be made available to
			   any person requesting such information by telephone from the department's main
			   office or in writing addressed to the Department of Social Services, 40 North
			   Pearl Street, Albany, NY.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.11 - Trade secrets received in conjunction with procurement and contract monitoring activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 records access officer of the department shall be responsible for the custody,
			 inspection and study of records actually or potentially containing trade
			 secrets submitted by actual and potential contractual agents of the department,
			 to which access may be denied pursuant to paragraphs (c) and (d) of subdivision
			 2 of section 87  of the Public Officers Law and for
			 monitoring inquiries relating to trade secrets.
(b)
(1)
			 Records believed to contain trade secrets shall be subject to general access
			 only by employees or officials or others acting as agents of the department who
			 need such records in connection with the evaluation of a contract bid proposal
			 issued by the department or performed in conjunction with such contract bid
			 proposal. Records likely to contain trade secrets may also be given to other
			 departmental employees, upon the approval of the records access officer, to the
			 degree necessary for such departmental employees to discharge their duties to
			 the department.
(2) The department
			 or official shall not use the information for any purpose other than evaluating
			 a contract bid submitted to the department except as otherwise specified in the
			 department's procurement of contractual documents or upon approval of the
			 records access officer as set forth in paragraph (1) of this
			 subdivision.
(3) Records containing
			 trade secrets shall be stored in a place reasonably secure from access by
			 unauthorized persons, given the department's operating needs.
(4) The department or official shall instruct
			 all personnel who will have access to the records as to the confidential nature
			 of the records and the requirements of section 87 and
			 89  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof
			   to any person or circumstance is adjudged invalid by a court of competent
			   jurisdiction, that judgment shall not affect or impair the validity of the
			   other provisions of this Part or the application thereof to other persons and
			   circumstances.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 340 - Public Access To Department Records Under Freedom Of Information Law › Section 340.14 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 341 - Local Advisory Councils › Section 341.1 - Council structure and function

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social services district shall
			 establish an advisory council in accordance with the requirements of this Part
			 and department guidelines.
(b) The
			 commissioner of the social services district shall appoint the members of the
			 advisory council.
(c) The advisory
			 council shall consist of a minimum of 20 members, subject to such exceptions as
			 the State Commissioner of Social Services may in his discretion permit, and
			 shall be composed of the following classes of persons:
(1) recipients of public assistance
			 (including SSI and food stamps), medical assistance and services--at least 25
			 percent;
(2) providers of social
			 services, medical services and domiciliary care (other than employees of the
			 State or local departments of social services); and
(3) members of the general public (including
			 but not limited to representatives of professional social work associations,
			 schools of social work, labor organizations, public interest groups, client
			 advocates, community organizations and the business and financial
			 community).
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 341 - Local Advisory Councils › Section 341.2 - Administrative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 commissioner of the social services district shall have administrative
			 responsibility for organization of meetings of the advisory council on a
			 regular basis and for activities associated therewith including preparation of
			 agendas, minutes and reports.
(b)
			 Members of the advisory council shall receive no compensation for their
			 services but the commissioner of the social services district is authorized to
			 reimburse necessary expenses incurred by members of the advisory council in the
			 performance of activities directly related to the functioning of the advisory
			 council under this Part for travel, meals, loss of wages and child care in
			 accordance with department requirements.
(c) Expenditures made by the commissioner of
			 the social services district for administrative activities associated with
			 operation of the advisory council and for reimbursement of approved expenses
			 incurred by members of the advisory council in the performance of permitted
			 activities shall, if approved by the department, be subject to reimbursement by
			 the State at the rate of 50 percent of the amount expended less any Federal
			 financial participation.
(d) The
			 social services district shall submit to the department such reports on the
			 activities of the advisory council as the department may from time to time
			 direct.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 342 - State Advisory Council › Section 342.1 - Council function

Current through Register Vol. 46, No. 28, July 10, 2024
The State Commissioner of Social Services will appoint a
			   State advisory council to advise him from time to time regarding programs of
			   public assistance and care.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 342 - State Advisory Council › Section 342.2 - Administrative provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 State Commissioner of Social Services will exercise responsibility for
			 organization of meetings of the State advisory council and for activities
			 associated therewith including preparation of agendas, minutes and
			 reports.
(b) Members of the State
			 advisory council shall receive no compensation for their services but may be
			 reimbursed for necessary expenses incurred by them in the performance of
			 activities directly related to the functioning of the State advisory council
			 for travel, meals, loss of wages and child care in accordance with department
			 requirements.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
			 means the commissioner of the State Department of Social Services.
(b) Department means the State Department of
			 Social Services.
(c) Hearing means
			 the administrative review procedure by which the department determines to take
			 administrative action regarding a residential care program for children
			 pursuant to section 460-d (4), 460-d (5), 460-d (6) or
			 460-d (8)  of the Social
			 Services Law or the administrative procedure by which a determination under
			 section
			 343.2(b) 
			 of this Part is reviewed.
(d)
			 Expedited hearing means the administrative review procedure by which a person,
			 agency or facility is afforded an opportunity to be heard after the department
			 finds, pursuant to section 460-d (8)  of the Social
			 Services Law, that the person, agency or facility is causing, engaging in or
			 maintaining a condition or activity which constitutes a danger to the physical
			 or mental health of the residents of a residential care program for children
			 subject to the inspection and supervision of the department and issues an order
			 to discontinue such dangerous condition or activity or take certain action
			 immediately or within a specified period of less than 30 days.
(e) Facility means an establishment providing
			 residential care and services to children which is subject to the inspection
			 and supervision provisions of article 7 of the Social Services Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.2 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No operating
			 certificate will be revoked, suspended, modified or limited without a hearing
			 held in accordance with the procedures established in this Part, except that an
			 operating certificate may, nevertheless, be temporarily suspended or limited
			 without a hearing for a period not in excess of 30 days upon written notice to
			 the facility following a finding by the department that the public health, or
			 an individual's health, safety or welfare, are in imminent danger.
(b) Upon the denial of an application for an
			 initial operating certificate, or an application for renewal of an operating
			 certificate, the applicant shall have the right to a hearing to review the
			 denial.
(c) The department shall
			 extend the duration of an operating certificate for a temporary period as may
			 be appropriate when the period of validity of an operating certificate
			 terminates during the course of a hearing to revoke, suspend or limit an
			 operating certificate and until the hearing decision is issued. If a hearing is
			 requested to review the denial of an application to renew an operating
			 certificate, the department shall extend the duration of the operating
			 certificate until either the hearing decision is issued, the hearing request is
			 withdrawn or the appellant defaults the hearing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.3 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 notice of hearing for those actions described in section
			 343.2(a) 
			 of this Part shall be served in person or by certified mail addressed to the
			 operator of the facility, at least 30 days prior to the date of the
			 hearing.
(b) A notice of hearing
			 for those actions described in section
			 343.2(b) 
			 of this Part must be served in person or by certified mail addressed to the
			 appellant at least 30 days prior to the date of the hearing.
(c) For a hearing held to revoke, suspend,
			 modify or limit an operating certificate, the notice must specify the time and
			 place of the hearing, the proposed action and the charges which are the basis
			 for the proposed action. The charges must specify the statutes, rules and
			 regulations, or other applicable requirements of law with which the facility
			 failed to comply and must include a brief statement of the facts pertaining to
			 such noncompliance.
(d) For a
			 hearing held to review the denial of an original operating certificate, or the
			 denial of an application to renew an operating certificate, the notice shall
			 specify the time and place of the hearing and the charges which are the basis
			 for the denial. The charges shall specify the statutes, rules and regulations,
			 or other applicable requirements of law upon which the denial was based and
			 shall include a brief statement of the facts pertaining to the
			 denial.
(e) The notice of hearing
			 must also inform the operator of the facility, or the applicant for an initial
			 operating certificate:
(1) of its opportunity
			 to present evidence and argument on issues of fact or law at the
			 hearing;
(2) of its right to be
			 represented by an attorney-at-law or other representative of its
			 choice;
(3) of the method by which
			 adjournments may be requested for good cause; and
(4) that its operating certificate will be
			 extended during the course of a hearing and pending the hearing
			 decision.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.4 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
The operator of a facility or the applicant for an
			   operating certificate may file an answer to the allegations contained in a
			   notice of hearing. The answer must be in writing and must be filed with the
			   department not less than five business days prior to the date of
			   hearing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.5 - Expedited hearings, procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever the commissioner, or his or her
			 designee, after investigation, finds that any person, agency or facility which
			 operates a residential care program for children is causing, engaging in or
			 maintaining a condition or activity which constitutes a danger to the physical
			 or mental health of the residents of such residential care program, and that it
			 therefore appears to be prejudicial to the interests of such residents to delay
			 action for 30 days until an opportunity for a hearing can be provided, the
			 commissioner or his or her designee must order the person, agency or facility
			 by written notice, setting forth the basis for such finding, to discontinue
			 such dangerous condition or activity or take certain action immediately or
			 within a specified period of less than 30 days.
(b) The operator of a facility may file an
			 answer to the allegations contained in a notice of hearing. The answer shall be
			 in writing and shall be filed with the department within 10 days after the
			 notice is mailed to the facility.
(c) Either upon receipt of the answer, or
			 upon the expiration of the 10-day period provided for in subdivision (b) of
			 this section, the department shall schedule a hearing to be held in accordance
			 with the procedure in this Part, except that the hearing shall be scheduled
			 within 30 days of the issuance of the order as provided for in subdivision (a)
			 of this section.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.6 - Joinder

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
			 shall have the power to combine into a single proceeding the assessment of
			 civil penalties and the suspension, revocation or limitation of an operating
			 certificate, upon proper notice in accord with the provisions of this
			 Part.
(b) The department shall have
			 the right to join in one proceeding all those respondents if there is asserted
			 against them jointly, severally or in the alternative any violation arising out
			 of the same transaction or occurrence, and if there is any question of law or
			 fact common to all respondents which will arise in the proceeding.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.7 - Pleadings, depositions and discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The pleadings in an enforcement action
			 shall consist of the notice of hearing and answer.
(b) Neither formal discovery procedures nor
			 formal procedures for bills of particulars shall apply. However, upon
			 application of a facility, a more definite and detailed statement shall be
			 furnished whenever the hearing officer finds that the statement of charges does
			 not adequately apprise the facility of such charges. Any statement furnished
			 shall be deemed, in all respects, to be part of the original notice of hearing.
			 The hearing officer may grant additional time to respond to the notice of
			 hearing when a motion for a more definite and detailed statement has been
			 granted.
(c) Disclosure of evidence
			 by deposition of a party to the hearing or the officer, director, member, agent
			 or employee of a party, prior to the hearing shall not be permitted, except
			 where the hearing officer determines that special circumstances, as set forth
			 in section 3101(a)(3) of the New York Civil Practice Law and Rules, require the
			 taking of testimony by deposition.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.8 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 hearing must be conducted by a hearing officer who is an attorney employed by
			 the department for that purpose, and has not been involved in any way with the
			 action in question. The hearing officer has all the powers conferred by law and
			 regulations of the department to administer oaths, issue subpoenas, require the
			 attendance of witnesses and the production of records, rule upon requests for
			 adjournment, rule upon objections to the introduction of evidence and to
			 otherwise regulate the hearing, preserve requirements of due process and
			 effectuate the purpose and provisions of applicable law.
(b) A party to a hearing may make a request
			 to a hearing officer that the hearing officer remove himself or herself from
			 presiding at the hearing.
(1) The grounds for
			 removing a hearing officer are that such hearing officer has:
(i) previously dealt in any way with the
			 substance of the matter which is the subject of the hearing except in the
			 capacity of hearing officer;
(ii)
			 any interest in the matter, financial or otherwise, direct or indirect, which
			 will impair the independent judgment of the hearing officer; or
(iii) displayed bias or partiality to any
			 party to the hearing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.9 - Who may be present at hearing; authorization of representative

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The respondent
			 operator of a facility, its representative or representatives, counsel or other
			 representatives of the department, witnesses of both parties and any person who
			 may be called by the hearing officer may be present at the hearing, together
			 with such other persons as may be admitted by the hearing officer in his or her
			 discretion. Upon his or her own motion, or upon the motion of either party, the
			 hearing officer may exclude potential witnesses and those who have given prior
			 testimony from the hearing during the testimony of other witnesses.
(b) An individual, other than an attorney,
			 representing a facility shall have an appropriate written authorization signed
			 by the proprietor of the facility or by an officer, member or director of an
			 operator of a facility when the operator is not a natural person.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.10 - Conduct of hearing-rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing officer shall preside and
			 shall make all procedural rulings. He shall make an opening statement
			 describing the nature of the proceedings, the issues and the manner in which
			 the hearing will be conducted.
(b)
			 The rules of evidence as applied in a court of law shall not apply, except that
			 privileges recognized by law will be given effect. The hearing officer may
			 exclude testimony or other evidence which is irrelevant or unduly
			 repetitious.
(c) All testimony
			 shall be given under oath or affirmation.
(d) The facility shall be entitled to be
			 represented by an attorney-at-law or other representative of its choice, to
			 have witnesses give testimony and to otherwise present relevant and material
			 evidence in its behalf, to cross-examine witnesses and to examine any document
			 or item offered into evidence.
(e)
			 The hearing shall be recorded verbatim. On request made upon the department by
			 any party to a hearing, within a reasonable time after hearing, the department
			 shall prepare the record together with any transcript of proceedings and shall
			 furnish a copy of the record and transcript or any part thereof to any party as
			 requested. The department is authorized to charge not more than its cost for
			 the preparation and/or the rate specified in contract between the department
			 and a contractor if the transcript is prepared by a private
			 contractor.
(f) The hearing may be
			 adjourned only for good cause by the hearing officer on his own motion or at
			 the request of either party.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.11 - The record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record
			 shall include:
(1) all notices, pleadings and
			 intermediate rulings;
(2) the
			 transcript or recording of the hearing;
(3) exhibits received into
			 evidence;
(4) matters officially
			 noticed;
(5) questions and offers
			 of proof, objections thereto and rulings thereon;
(6) proposed findings and exceptions, if
			 any;
(7) any report rendered by the
			 hearing officer; and
(8) any
			 request for disqualification of a hearing officer.