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 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 358-2 - Definitions › Section 358-2.20 - Services funded through the New York State Department of Family Assistance

Current through Register Vol. 46, No. 28, July 10, 2024
Services funded through the New York State Department
				of Family Assistance means services provided pursuant to the local social
				services district's consolidated services plan or integrated county plan. Such
				services may include, but are not limited to child care services, preventive
				services for children and families and for adults, protective services for
				children and adults, homemaker services, housekeeper/chore services, and
				information and referral services.
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 358-2 - Definitions › Section 358-2.21 - Social services agency

Current through Register Vol. 46, No. 28, July 10, 2024
Social services agency means the State, county, city,
				town official or town agency, social services district, HEAP certifying agency
				or other entity responsible for making the determination or for the failure to
				act, which is the subject of review at the fair hearing.
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 358-2 - Definitions › Section 358-2.22 - Social services district

Current through Register Vol. 46, No. 28, July 10, 2024
Social services district means the county department of
				social services or the New York City Department of Social
				Services.
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 358-2 - Definitions › Section 358-2.23 - Timely notice

Current through Register Vol. 46, No. 28, July 10, 2024
Timely notice means a notice which is mailed at least
				10 days before the date upon which the proposed action is to become
				effective.
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 358-2 - Definitions › Section 358-2.24 - Title

Current through Register Vol. 46, No. 28, July 10, 2024
Title means Title 18 of the New York State Official
				Compilation of Codes, Rules and Regulations (NYCRR) also referred to as the
				regulations of the Department of Family Assistance.
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 358-2 - Definitions › Section 358-2.25 - Witness

Current through Register Vol. 46, No. 28, July 10, 2024
Witness means a person, other than the applicant,
				recipient, or the representative thereof, who presents testimony and/or
				documentary evidence at a fair hearing.
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 358-2 - Definitions › Section 358-2.26 - Resident of a tier II facility

Current through Register Vol. 46, No. 28, July 10, 2024
Resident of a tier II facility means a family or family
				member residing in a tier II facility as defined in Part 900 of this
				Title.
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 358-2 - Definitions › Section 358-2.27 - Food stamps

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the term food stamps is used in this Part it
				means SNAP benefits.
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 358-2 - Definitions › Section 358-2.28 - Notice of missed interview

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of missed interview means a notice sent by a
				social services district informing an applicant or recipient that they have
				missed a scheduled food stamp eligibility or recertification interview and
				advising them that it is their responsibility to reschedule the
				interview.
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 358-2 - Definitions › Section 358-2.29 - Request for contact notice

Current through Register Vol. 46, No. 28, July 10, 2024
Request for contact notice means a notice sent by a
				social services district advising a household that information needs to be
				verified or clarified during its food stamp certification
				period.
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 358-2 - Definitions › Section 358-2.30 - Office of Administrative Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Office of Administrative Hearings (OAH) means the
				office established in the Office of Temporary and Disability Assistance for the
				purpose of conducting fair hearings under this Part. The OAH is authorized to
				conduct hearings under this Part for:
(a) [Reserved]
(b) applicants for and recipients of medical
			   assistance on behalf of the Department of Health; and
(c) applicants for and recipients of services
			   and foster parents challenging rates paid to them for foster care on behalf of
			   the Office of Children and Family Services.
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 358-3.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The rights and obligations of applicants and recipients
				and sponsors of aliens receiving food stamp benefits are governed by this
				Subpart.
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 358-3.2 - Right to priority in hearing and determination

Current through Register Vol. 46, No. 28, July 10, 2024
Priority in scheduling of your hearing and
				determination will be provided when:
(a) you are an applicant for emergency
			   assistance to needy families with children, emergency assistance to aged, blind
			   or disabled persons or emergency home relief and you are appealing the denial
			   of such benefits; or
(b) your
			   circumstances warrant priority in scheduling and your hearing is being
			   scheduled because you have:
(1) no food;
			   or
(2) no shelter, or your shelter
			   is imminently about to be lost or terminated; or
(3) an inadequate or inappropriate emergency
			   shelter placement; or
(4) an
			   eviction/dispossess notice; or
(5)
			   no fuel for heat during the cold weather period; or
(6) a utility disconnect scheduled for a
			   specific date; or
(7) a utility
			   shut-off; or
(8) need for rental
			   security deposit, broker's fee and/or first month's rent, if necessary to
			   obtain permanent housing, and failure to expedite processing will lead to loss
			   of such housing; or
(9) urgent need
			   for medical care, services or supplies; or
(10) a denial or discontinuance of or
			   inadequate personal care services; or
(11) a denial or discontinuance of or
			   inadequate adult protective services; or
(12) been involuntarily discharged from a
			   tier II facility as defined in Part 900 of this Title and you requested and
			   participated in a hearing, held by the facility or by the social services
			   district in which the facility is located, to determine whether you should be
			   involuntarily discharged; or
(13)
			   any other problem which is determined at the commissioner's discretion, to be
			   an appropriate subject for priority processing and which presents a crisis
			   situation or a threat to your health and safety or that of your family;
			   or
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 358-3.3 - Notice requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Public assistance, medical assistance and services: notice of
			   action.
(1) Action to discontinue,
			   suspend, reduce, restrict; changes in the manner of payment for child care
			   services; denial of an extension of a waiver of public assistance program
			   requirements or termination or modification of such waiver. Except as set forth
			   in subdivision (d) of this section, you have a right to timely and adequate
			   notice when a social services agency proposes to:
(i) take any action to discontinue, suspend,
			   or reduce your public assistance grant, medical assistance authorization or
			   services; or
(ii) change the manner
			   or method or form of payment of your public assistance grant; or
(iii) restrict your medical assistance
			   authorization; or
(iv) make changes
			   in the manner or amount of payment for your child care services and such change
			   results in the discontinuance, suspension, reduction or termination of benefits
			   or forces you to make changes in child care arrangements; or
(v) make changes in the manner of payment for
			   your supportive services provided to enable you as a recipient of public
			   assistance to participate in work activities pursuant to Part 385 of this Title
			   and such changes result in the discontinuance, suspension, reduction or
			   termination of benefits, or force you to change child care arrangements;
			   or
(vi) deny an extension of a
			   waiver of public assistance program requirements under section
			   351.2(l) 
			   of this Title or such waiver has been terminated or modified.
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 358-3.6 - Right to aid continuing

Current through Register Vol. 46, No. 28, July 10, 2024
In certain situations, you have the right to have your
				public assistance, medical assistance, food stamp benefits, and services
				continued unchanged until your fair hearing decision is issued. OAH will
				determine whether you are entitled to aid continuing and advise the appropriate
				social services agency and you of its decision.
(a)
Public assistance, medical
			   assistance and services.
For public assistance, medical assistance and services,
				the right to aid continuing exists as follows:
(1)
(i)
			   Except as provided in paragraph (2) of this subdivision, where the social
			   services agency is required to give you timely notice before it can take any
			   action in your case, you have the right to aid continuing for your public
			   assistance and medical assistance and services until the fair hearing decision
			   is issued if you request a fair hearing before the effective date of a proposed
			   action as contained in the notice of action. In the Medical Assistance Program,
			   if you have been receiving assistance based on a spenddown of excess income,
			   the right to aid continuing includes the right to have your spenddown liability
			   continue unchanged.
(ii) If your
			   assistance or services have been reduced or discontinued, restricted or
			   suspended by the social services agency and you requested a hearing before the
			   effective date contained in the notice, your assistance or services must be
			   restored by the social services agency as soon as possible but no later than
			   five business days after notification from OAH that you were entitled to have
			   your public assistance, medical assistance or services continue uninterrupted
			   pursuant to this paragraph.
(iii)
			   In cases where the action is an automatic public assistance grant adjustment
			   based on a change in State or Federal law, the effective date for determining
			   the right to continued public assistance, medical assistance and food stamps
			   will be deemed to be 10 days after the date the changed grant becomes available
			   to you.
(iv) If the effective date
			   of the proposed action 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 timely for the purposes of aid continuing.
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 358-3.7 - Examination of case record before the fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) At
			   any reasonable time before the date of your fair hearing and also at the fair
			   hearing, you or your authorized representative have the right to examine the
			   contents of your case record and all documents and records to be used by the
			   social services agency at your fair hearing.
(2) Except as provided in paragraph (3) of
			   this subdivision, the only exceptions to access to your case record are:
(i) those materials to which access is
			   governed by separate statutes, such as records regarding child welfare, foster
			   care, adoption or child abuse or neglect or any records maintained for the
			   purposes of the Child Care Review Service; and
(ii) those materials being maintained
			   separately from public assistance files for the purposes of criminal
			   prosecution and referral to the district attorney's office. This exception
			   applies only to records which are part of an active and ongoing investigatory
			   action; and
(iii) the county
			   attorney or county welfare attorney's files.
(3) Case records secured by the Commission
			   for the Visually Handicapped or by a local rehabilitation agency acting on
			   behalf of such commission will not ordinarily be made available for examination
			   since they contain information secured from outside sources; however,
			   particular extracts will be furnished to you or your authorized representative
			   when provision of such information will be beneficial to you. The case record,
			   or any part thereof, admitted as evidence in a fair hearing shall be available
			   for review by you or your authorized representative.
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 358-3.8 - Agency conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any
			   reasonable time before the date of your fair hearing, you may request that the
			   agency schedule an agency conference before your fair hearing to review the
			   agency decision for which you have requested the fair hearing except as
			   provided for in subdivision (c) of this section.
(b) Even though you have not requested a fair
			   hearing, you may request an agency conference to review any action on your
			   case.
(c) No agency conference is
			   required for actions involving the involuntary discharge of residents of tier
			   II facilities.
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 358-3.9 - Authorization of representative

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except where impracticable to execute a
			   written authorization, an individual or organization seeking to represent you,
			   other than an attorney or an employee of an attorney, must have your written
			   authorization to represent you at any conference or fair hearing and to review
			   your case record. An employee of your attorney will be considered an authorized
			   representative if such employee presents written authorization from your
			   attorney or if such attorney advises the social services agency by telephone of
			   such employee's authorization.
(b)
			   Once a social services agency and the OAH have been notified that a person or
			   organization has been authorized to represent you at your fair hearing, such
			   representative will receive copies of all correspondence to you from the social
			   services agency and OAH relating to the conference and fair hearing.
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 358-4 - Rights And Obligations Of Social Services Agencies › Section 358-4.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The rights and obligations of social services agencies
				are governed by this Subpart.
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 358-4 - Rights And Obligations Of Social Services Agencies › Section 358-4.1 - Proposed actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			   social services agency must review or cause to be reviewed any of the following
			   intended actions to determine whether the action is correct based upon
			   available evidence included in the applicant's or recipient's case record:
(1) proposed approval, denial,
			   discontinuance, suspension or reduction of a public assistance grant, medical
			   assistance authorization, food stamp benefits or services;
(2) proposed increase in a public assistance
			   grant, food stamp benefits, or a medical assistance spenddown;
(3) proposed change in the amount of one of
			   the items used to calculate a public assistance grant, food stamp benefits, or
			   a medical assistance spenddown;
(4)
			   proposed acceptance or denial of an application for HEAP benefits;
(5) proposed involuntary discharge of a
			   resident from a tier II facility as defined in Part 900 of this Title;
			   or
(6) proposed denial of an
			   exemption from work requirements pursuant to section
			   385.2 
			   of this Title.
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 358-4 - Rights And Obligations Of Social Services Agencies › Section 358-4.2 - Prehearing responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   When requested, the social services agency must provide assistance to
			   applicants and recipients in making a request for a fair hearing.
(b)
(1)
			   Upon notification by OAH that a fair hearing has been requested and that the
			   appellant's public assistance, medical assistance, food stamp benefits, or
			   services must be continued or reinstated in accordance with section
			   358-3.6 
			   of this Part until the fair hearing decision is issued, the social services
			   agency, except as provided in section
			   358-3.6(b) and
			   (c)(6)  of this Part, must take immediate
			   action to assure that the appellant's public assistance, medical assistance,
			   food stamp benefits and services continue unchanged until the fair hearing
			   decision is issued.
(2) Upon
			   receipt of such notification, if public assistance, medical assistance, food
			   stamp benefits or services already have been discontinued, reduced, restricted
			   or suspended, the social services agency must take whatever action is necessary
			   to restore the appellant's public assistance, medical assistance, food stamp
			   benefits or services to their previous level. Such action must be taken as soon
			   as possible but no later than five business days from notification that
			   appellant's public assistance, medical assistance, food stamp benefits or
			   services must continue or be reinstated.
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 358-4 - Rights And Obligations Of Social Services Agencies › Section 358-4.3 - Responsibilities and rights in the fair hearing process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social services agency must provide
			   complete copies of its documentary evidence to the hearing officer at the fair
			   hearing and also to the appellant or appellant's authorized representative,
			   where such documents were not provided previously to the appellant or
			   appellant's authorized representative in accordance with sections
			   358-3.7
			   and
			   358-4.2(c) 
			   of this Part. Such documents must be provided without charge.
(b) Except as provided in subdivision (c) of
			   this section, a representative of the social services agency must appear at the
			   hearing along with the case record and a written summary of the case. Such
			   representative must:
(1) have reviewed the
			   case; and
(2) be prepared to
			   present evidence in support of the action, including:
(i) the case number;
(ii) the applicable category or categories or
			   type of public assistance or care, medical assistance, food stamp benefits or
			   services involved;
(iii) the names,
			   addresses, relationships and ages of persons affected;
(iv) the determination regarding which the
			   hearing request was made;
(v) a
			   brief description of the facts, evidence and reasons supporting such
			   determination, including identification of the specific provisions of law,
			   regulations and approved local policies which support the action;
(vi) the relevant budget or budgets prepared
			   by the social services agency for the appellant or the household of such
			   appellant, including printouts of relevant budgets produced on the Welfare
			   Management System (WMS); and
(vii)
			   a copy of the applicable action taken notice, adverse action notice, expiration
			   notice or notice of action, including any notices produced on the client
			   notices system.
(3) have
			   the authority to make binding decisions at the hearing on behalf of the social
			   services agency, including the authority to withdraw the action or otherwise
			   settle the case.
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 358-4 - Rights And Obligations Of Social Services Agencies › Section 358-4.4 - Compliance with fair hearing decision

Current through Register Vol. 46, No. 28, July 10, 2024
A social services agency must comply with fair hearing
				decisions in accordance with section
				358-6.4  of
				this Part.
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 358-5 - THE FAIR HEARING PROCESS › Section 358-5.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The fair hearing process is governed by this
				Subpart.
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 358-5 - THE FAIR HEARING PROCESS › Section 358-5.1 - Notice of fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
			   for hearings which are given priority in scheduling in accordance with section
			   358-5.2  of
			   this Subpart, at least 10 calendar days prior to the date of the fair hearing,
			   a written notice of the fair hearing will be sent by OAH to the appellant,
			   appellant's authorized representative and to the social services
			   agency.
(b) The fair hearing notice
			   will state the following:
(1) the date, time
			   and place of the fair hearing and an explanation of how and when a change in
			   the date and place of the fair hearing may be requested, and under what
			   circumstances a hearing will be rescheduled if neither the appellant nor the
			   appellant's representative appears at the hearing;
(2) whether public assistance, medical
			   assistance, food stamp benefits or services must be continued
			   unchanged;
(3) the appellant's
			   right upon request to necessary transportation or to transportation expenses to
			   and from the fair hearing for the appellant and the appellant's authorized
			   representatives and witnesses and for payment of the appellant's necessary
			   child care costs and for any other necessary costs and expenditures related to
			   the fair hearing;
(4) the
			   appellant's right to be represented at the fair hearing by legal counsel, a
			   relative, friend or other person or to represent oneself, and the right to
			   bring witnesses to the fair hearing and to question witnesses at the
			   hearing;
(5) the right to present
			   written and oral evidence at the hearing;
(6) that the appellant should bring the
			   notice of fair hearing to the hearing as well as all evidence that has a
			   bearing on the case such as books, records and other forms of written evidence,
			   and witnesses, if any;
(7) the
			   appellant's right to review appellant's case record prior to and at the fair
			   hearing;
(8) the appellant's right
			   upon request to obtain copies of documents which the social services agency
			   will present at the fair hearing and copies of other additional documents for
			   the purpose of preparing for the fair hearing;
(9) the right of a deaf or non-English
			   speaking appellant to interpreter services at the fair hearing at no charge;
			   and
(10) the issues which are to be
			   the subject of the hearing.
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 358-5 - THE FAIR HEARING PROCESS › Section 358-5.3 - Adjourning the fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
			   request of either the appellant or a social services agency, the fair hearing
			   may be rescheduled, upon a showing of good cause for requesting the
			   delay.
(b) When in the judgment of
			   OAH or the hearing officer the parties' due process rights would best be served
			   by adjourning the fair hearing, or if there are special circumstances which
			   make proceeding with the case fundamentally unfair, OAH or the hearing officer
			   may reschedule the fair hearing.
(c) Requests to adjourn a fair hearing must
			   be made in accordance with the instructions in the notice of fair
			   hearing.
(d) If a fair hearing is
			   adjourned based upon a request by the appellant, the time limit set forth in
			   section
			   358-6.4  of
			   this Part will be extended by the number of days the fair hearing has been
			   postponed.
(e) If public
			   assistance, medical assistance, food stamp benefits or services are continued
			   in accordance with section
			   358-3.6 
			   of this Part and the fair hearing is rescheduled for the reasons set forth in
			   subdivision (a) or (b) of this section, an appellant has the right to have
			   public assistance, medical assistance, food stamp benefits or services
			   continued until the fair hearing decision is issued.
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 358-5 - THE FAIR HEARING PROCESS › Section 358-5.4 - Withdrawal of a request for a fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OAH will consider a hearing request to be
			   withdrawn under the following circumstances:
(1) OAH has received a written statement from
			   the appellant or appellant's authorized representative stating that the request
			   for a fair hearing is withdrawn; or
(2) the appellant or appellant's authorized
			   representative has made a statement withdrawing the request to the hearing
			   officer on the record at the hearing.
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 358-5 - THE FAIR HEARING PROCESS › Section 358-5.5 - Abandonment of a request for a fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (b) of
			   this section, OAH will consider a fair hearing request abandoned if neither the
			   appellant nor the appellant's authorized representative appears at a fair
			   hearing, and neither the appellant nor the appellant's authorized
			   representative:
(1) contacts OAH to request
			   that the fair hearing be rescheduled; and
(2) provides OAH with the good cause reason
			   for failing to appear at the fair hearing on the scheduled date.
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 358-5 - THE FAIR HEARING PROCESS › Section 358-5.6 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			   hearing shall be conducted by an impartial hearing officer assigned by OAH to
			   conduct the hearing, who has not been involved in any way with the action in
			   question.
(b) To ensure a complete
			   record at the hearing, the hearing officer must:
(1) preside over the fair hearing and
			   regulate the conduct and course of the fair hearing, including at the hearing
			   officer's discretion, requiring sworn testimony, and administering the
			   necessary oaths;
(2) make an
			   opening statement explaining the nature of the proceeding, the issues to be
			   heard and the manner in which the fair hearing will be conducted;
(3) elicit documents and testimony, including
			   questioning the parties and witnesses, if necessary, particularly where the
			   appellant demonstrates difficulty or inability to question a witness; however,
			   the hearing officer will not act as a party' s representative;
(4) where the hearing officer considers
			   independent medical assessment necessary, require that an independent medical
			   assessment be made part of the record when the fair hearing involves medical
			   issues such as a diagnosis, an examining physician' s report, or a medical
			   review team's decision;
(5) adjourn
			   the fair hearing to another time on the hearing officer's own motion or on the
			   request of either party, to the extent allowable by section
			   358-5.3 
			   of this Subpart;
(6) adjourn the
			   fair hearing when in the judgment of the hearing officer it would be
			   prejudicial to the due process rights of the parties to go forward with the
			   hearing on the scheduled hearing date;
(7) review and evaluate the evidence, rule on
			   the admissibility of evidence, determine the credibility of witnesses, make
			   findings of fact relevant to the issues of the hearing which will be binding
			   upon the commissioner unless such person has read a complete transcript of the
			   hearing or has listened to the electronic recording of the fair
			   hearing;
(8) at the hearing
			   officer's discretion, where necessary to develop a complete evidentiary record,
			   issue subpoenas, and/or require the attendance of witnesses and the production
			   of books and records; and
(9)
			   prepare an official report containing the substance of what transpired at the
			   fair hearing and including a recommended decision to the commissioner or the
			   commissioner's designee.
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 358-5 - THE FAIR HEARING PROCESS › Section 358-5.7 - Who may be present at the fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The following persons may be present at a fair
				hearing:
(a) the appellant who has
			   requested the fair hearing;
(b) the
			   appellant's representative;
(c)
			   counsel or other representatives of the social services agency;
(d) witnesses of either party and any who may
			   be called by the hearing officer;
(e) an interpreter; and
(f) any other person admitted at the hearing
			   officer's discretion, with the consent 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 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 358-5 - THE FAIR HEARING PROCESS › Section 358-5.8 - Media admission to fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The media may be admitted to a fair
			   hearing where the appellant has made a specific waiver of appellant's right to
			   confidentiality both in writing and on the record and has clearly and
			   unequivocally confirmed on the record that the appellant desires and consents
			   to the presence of the media. The waiver must be unqualified, complete, and
			   made with full knowledge of the ramifications of the waiver, including that the
			   waiver is irrevocable.
(b) Where a
			   waiver has been secured in accordance with subdivision (a) of this section, the
			   extent of any access to be granted to the media is to be determined at the
			   discretion of the hearing officer. In determining the extent of such access,
			   the hearing officer will consider the following:
(1) maintenance of proper hearing
			   decorum;
(2) potential disruption
			   to the proceedings;
(3) adverse
			   effect on witnesses;
(4)
			   impediments to the making of a proper and accurate record;
(5) the physical space and conditions of the
			   hearing room;
(6) potential
			   disruption to the hearing officer, including impediments to the hearing
			   officer's ability to discharge responsibilities; and
(7) any other factor which, in the discretion
			   of the hearing officer, is necessary to ensure the orderly and proper conduct
			   of the hearing and the creation of a complete and accurate hearing record or
			   which is necessary in order to protect confidential information where
			   confidentiality cannot be waived by the appellant.