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 358-5.12 - Telephone Hearings

Universal Citation: 18 NY Comp Codes Rules and Regs § 358-5.12

Current through Register Vol. 46, No. 39, September 25, 2024

(a) OAH may provide that a fair hearing held pursuant to Part 398 of this Title be conducted by means of telephone. When a hearing is conducted by telephone, 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 and Part 398 of this Title, shall apply to hearings conducted by telephone.

(1) when the applicant or recipient makes a request for an in-person hearing;

(2) when, in the judgment of OAH or the hearing officer, a party's due process rights would best be served by conducting a hearing in person; or

(3) when, in the judgment of OAH or the hearing officer, there are circumstances presented by the appellant which make proceeding with the hearing by telephone fundamentally unfair.

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