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 358-6 - Decision And Compliance
Section 358-6.4 - Compliance
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 358-6.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) For all decisions, except those involving food stamp issues only, definitive and final administrative action must be taken promptly, but in no event more than 90 days from the date of the request for a fair hearing.
(b)
(1) For
all cases involving food stamp issues only the decision must be issued and the
parties notified of the decision within 60 days of receipt of the request for
the fair hearing by OAH.
(2) If the
decision will result in an increase in household food stamp benefits, social
services agencies must reflect such increase in the coupon allotment within 10
days of the receipt of the hearing decision; however, the increase may occur
later than 10 days after the decision if the social services agency decides to
make the decision effective in the household's normal issuance cycle and the
issuance will occur within 60 days from the household's request for a hearing.
Decisions which result in a decrease in household benefits must be reflected on
the next scheduled issuance following receipt of the fair hearing
decision.
(c) Upon receipt of a complaint that a social services agency has not complied with the fair hearing decision, the commissioner, through action coordinated by OAH, will secure compliance by whatever means is deemed necessary and appropriate under the circumstances of the case.
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