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 358-3.4 - Rights in the fair hearing process

Current through Register Vol. 46, No. 28, July 10, 2024
As an appellant you have the right:
(a) to the continuation or reinstatement of
			   your public assistance, medical assistance authorization, food stamp benefits
			   or services until the issuance of a decision in your fair hearing, to the
			   extent authorized by section
			   358-3.6 
			   of this Subpart. You have the right to request that your assistance, benefits
			   or services not be continued or reinstated until the fair hearing decision is
			   issued;
(b) to examine your case
			   record and to receive copies of documents in your case record which you need to
			   prepare for the fair hearing, upon your request, to the extent authorized by
			   and within the time periods set forth in section
			   358-3.7 
			   of this Subpart;
(c) to examine and
			   receive copies of all documents and records which will be submitted into
			   evidence at the fair hearing by a social services agency, upon your request, to
			   the extent authorized by and within the time periods set forth in section
			   358-3.7 
			   of this Subpart;
(d) to the
			   rescheduling (adjournment) of your hearing, to the extent authorized by section
			   358-5.3 
			   of this Part;
(e) to be represented
			   by an attorney or other representative at any conference and hearing, or to
			   represent yourself;
(f) to have an
			   interpreter at any fair hearing, at no charge to you, if you do not speak
			   English or if you are deaf. You should advise OAH prior to the date of the fair
			   hearing if you will need an interpreter;
(g) to appear and participate at your
			   conference and fair hearing, to explain your situation, to offer documents, to
			   ask questions of witnesses, to offer evidence in opposition to the evidence
			   presented by the social services agency and to examine any documents offered by
			   the social services agency;
(h) to
			   bring witnesses to present written and oral evidence at any conference or fair
			   hearing;
(i) at your request to the
			   social services agency, to receive necessary transportation or transportation
			   expenses to and from the fair hearing for yourself and your representatives and
			   witnesses and to receive payment for your necessary child care costs and for
			   any other necessary costs and expenditures related to your fair
			   hearing;
(j) to have the fair
			   hearing held at a time and place convenient to you as far as practicable,
			   taking into account circumstances such as your physical inability to travel to
			   the regular hearing location;
(k)
			   to request removal of a hearing officer in accordance with section
			   358-5.6  of this
			   Part; and
(l) to seek review by a
			   court if the decision is not in your favor.