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 358-5.2 - Scheduling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The fair
			   hearing will be held at a time and place convenient to the appellant as far as
			   practicable. In scheduling the hearing, OAH will consider such things as the
			   physical inability of the appellant to travel to the regular hearing
			   location.
(b) Priority scheduling.
(1) Except as set forth in paragraph (4) of
			   this subdivision, a fair hearing which is subject to priority processing
			   pursuant to section
			   358-3.2 
			   of this Part must be scheduled as soon as practicable after the request
			   therefor is made. In determining the date for which the hearing will be
			   scheduled, consideration must be given to the nature and urgency of the
			   appellant's situation, including any date before which the decision must be
			   issued to allow for meaningful resolution of the issue under review.
(2) When a hearing is requested concerning
			   food stamp benefits and the food stamp household intends to move from the local
			   social services district before the decision normally would be issued, priority
			   will be given to the scheduling of the hearing, taking into account any date
			   before which the hearing must be scheduled to allow for the appellant to
			   receive the decision while still in the district.
(3) Except as set forth in paragraph (4) of
			   this subdivision, after a hearing which was scheduled on a priority basis as
			   set forth above, the decision must be issued as soon as practicable. In
			   determining the date by which the decision will be issued, consideration must
			   be given to the nature and urgency of the appellant's situation, including any
			   date before which the decision must be issued to allow for meaningful
			   resolution of the issue under review. If, at the conclusion of a hearing which
			   was scheduled on a priority basis, the hearing officer determines that the
			   issues do not warrant continued priority processing, the hearing officer will
			   inform the parties that the issuance of the decision will not receive priority
			   processing.
(4) When a fair hearing
			   is requested concerning the involuntary discharge of a resident of a tier II
			   facility after such resident requests and participates in a hearing, held by
			   the facility or the social services district in which the facility is located,
			   such fair hearing must be scheduled within seven working days of the request.
			   The decision after the fair hearing must be issued within seven working days of
			   the date of the fair hearing.