N.Y. Comp. Codes R. & Regs. Tit. 18 § 358-4.3 - Responsibilities and rights in the fair hearing process
(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.
(c)
(1) No later than five calendar days before
the hearing date, the social services agency may make application to the OAH to
appear at a hearing on papers only. The OAH may approve such application in its
discretion where the rights of the appellant can be protected and the personal
appearance of the agency is neither feasible nor necessary.
(2) Notwithstanding paragraph (1) of this
subdivision, a hearing officer may require the appearance of a representative
of a social services agency where such appearance is necessary to protect the
due process rights of the appellant.
(d) Upon request of the appellant, the social
services agency must provide necessary transportation and transportation
expenses to and from the fair hearing for the appellant and appellant's
representatives and witnesses and payment for appellant' s necessary child care
costs and for any other necessary costs and expenditures related to the fair
hearing.
(e) Social services
agencies have those hearing rights which appellants have as set forth in
sections
358-3.4(d)
(adjournment),
358-3.4(e)
(representation),
358-3.4(g)
(present evidence, question witnesses, examine documents), and 358- 3.4(h)
(bring witnesses) and 358-3.4(k) (removal of hearing officer) of this
Part.
Notes
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