18 CRR-NY 358-5.13NY-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 358-5.13
18 CRR-NY 358-5.13
358-5.13 Video hearings.
(a) OAH may provide that a fair hearing held pursuant to this Part be conducted by means of video equipment. When a hearing is conducted using video equipment, the parties and the hearing officer need not be physically present at the same location.
(b) All provisions of this Part, which are not inconsistent with the specific provisions of this section, shall apply to hearings conducted using video equipment.
(c) An appellant who objects to OAH conducting the fair hearing by video equipment should notify OAH at the earliest possible opportunity before the time set for the hearing, but no later than at the commencement of the hearing. The request must be made in writing, in person, by video equipment, or by telephone.
(d) A fair hearing, with the appellant and the hearing officer physically present at the same location, will be held in the following circumstances:
(1) when, in the judgment of OAH, an appellant’s due process rights would best be served by conducting a hearing in-person; or
(2) when, in the judgment of OAH, there are circumstances presented by the appellant which make proceeding with the hearing by video equipment fundamentally unfair.
18 CRR-NY 358-5.13
Current through February 15, 2021
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