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 358-5.5 - Abandonment of a request for a fair hearing
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Except as provided in subdivision (b) of this section, OAH will consider a fair hearing request abandoned if neither the appellant nor the appellant's authorized representative appears at a fair hearing, and neither the appellant nor the appellant's authorized representative:
(b) OAH will consider a fair hearing request involving Medical Assistance abandoned if neither the appellant nor the appellant' s authorized representative appears at a fair hearing, and the requirements of subdivision (a) of this section are not met within 10 calendar days of the postmark of a letter sent to the appellant and the appellant's authorized representative inquiring whether the appellant still wants a fair hearing.
(c) OAH will reopen an abandoned fair hearing request if, within one calendar year from the scheduled date of the fair hearing, th e requirements of subdivision (a) of this section are met.
(d) If neither the appellant nor the appellant's authorized representative appears at a fair hearing that has been rescheduled or reopened pursuant to subdivision (a), (b) or (c) of this section, OAH will consider the fair hearing request abandoned and the letter described in subdivision (b) of this section will not be sent.
(e) If neither the appellant nor the appellant's authorized representative appears at a fair hearing that is subject to aid-continuing, such aid shall discontinue on the date the fair hearing request is abandoned.
(f) In no event will an abandoned fair hearing request be reopened if such request is made one calendar year or more from the scheduled date of the fair hearing.
