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 358-5.9 - Fair hearing procedures

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 358-5.9

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

(a) Burden of Proof.

(1) Appellant. At a fair hearing concerning the denial of an application for or the adequacy of public assistance, medical assistance, HEAP, supplemental nutrition assistance program (SNAP) benefits or services, or an exemption from work activity requirements, the appellant must establish that the social services agency's denial of assistance or benefits was not correct, or that the appellant is eligible for a greater amount of assistance or benefits, or is exempt from work requirements pursuant to Part 385 of this Title.

(2) Social Services Agency. Except where otherwise established by law or regulation, at a fair hearing, the social services agency must establish that its actions were correct regarding:
(i) the source of funding and the amount deducted from the initial payment of supplemental security income as reimbursement of public assistance; or

(ii) the discontinuance, reduction, or suspension of public assistance, medical assistance, or SNAP benefits or services.

(b) The fair hearing decision must be supported by and in accordance with substantial evidence.

(c) Technical rules of evidence followed by a court of law need not be applied. Irrelevant or unduly repetitious evidence and/or cross-examination may be excluded at the discretion of the hearing officer. Privileges recognized by law will be given effect.

(d) Any written record or document or part thereof to be offered as evidence may be offered in the form of a reproduction or copy where such reproduction or copy is identified satisfactorily as a complete and accurate reproduction or copy of the original material.

(e) In addition to subpoenas issued at the discretion of the fair hearing officer as allowed by section 358-5.6(b)(8) of this Subpart, attorneys for parties in fair hearings shall have the same authority to issue subpoenas as is possessed by attorneys under section 2302 of the Civil Practice Law and Rules.

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