18 CRR-NY 358-5.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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
18 CRR-NY 358-5.5
18 CRR-NY 358-5.5
358-5.5 Abandonment of a request for a fair hearing.
(a) OAH will consider a fair hearing request abandoned if neither the appellant nor appellant's authorized representative appears at the fair hearing unless either the appellant or appellant's authorized representative has:
(1) contacted OAH to request that the fair hearing be rescheduled; and
(2) provided OAH with a good cause reason for failing to appear at the fair hearing on the scheduled date.
(b) OAH will restore a fair hearing to the calendar if the appellant or appellant's authorized representative has met the requirements of subdivision (a) of this section.
(c) If the appellant defaults a fair hearing that is subject to aid-continuing, the right to aid-continuing ends upon default.
(1) If the fair hearing is restored to the calendar based upon a request to do so made within 60 days from the date of the default, aid-continuing will be restored retroactively.
(2) If the fair hearing is restored to the calendar based upon a request to do so made 60 days or more from the date of the default, aid-continuing will be restored prospectively only from the date of the request to restore the fair hearing to the calendar.
(d) In no event will a defaulted fair hearing be restored to the calendar if the request to do so is made one year or more from the date of the defaulted fair hearing.
18 CRR-NY 358-5.5
Current through December 15, 2018
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