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 358-6.6 - Corrected decisions and reopened hearings
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 358-6.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Corrected decisions.
(1) The commissioner may review an issued
fair hearing decision for purposes of correcting any error found in such
decision.
(2) After review, the
commissioner may correct any error occurring in the production of an issued
fair hearing decision including, but not limited to, typographical and spelling
errors.
(3) After review, on notice
to the parties, the commissioner may correct any error of law or fact which is
substantiated by the fair hearing record.
(4) During the pendency of any review of an
issued fair hearing decision, the original decision is binding and must be
complied with by the social services agency in accordance with the provisions
of section
358-6.4 of
this Subpart.
(b) Reopened hearings. On notice to all parties, the OAH may reopen a previously closed fair hearing record for purposes of completing such record. If such reopening occurs subsequent to the issuance of a fair hearing decision, the provisions of paragraph (a)(4) of this section apply.
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