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 359 - Disqualification For Intentional Program Violation
Section 359.10 - Notice of disqualification
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 359.10
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The social services district will provide a written notice of disqualification to an individual who:
(1) has been found,
after an administrative disqualification hearing, to have committed an
intentional program violation;
(2)
has waived his or her right to appear at an administrative disqualification
hearing in accordance with section
359.8
of this Part;
(3) has signed a
disqualification consent agreement in which he or she admits committing an
intentional program violation in accordance with section
359.4
of this Part; or
(4) has been
determined by a court to have engaged in conduct that would constitute an
intentional program violation in accordance with section
359.9(d)
of this Part.
(b) A notice of disqualification must:
(1) inform
the individual as to when any disqualification period will take effect and the
date upon which it will end and the length of the disqualification
period;
(2) inform the individual
and any members of the household or assistance unit of the amount of payment or
allotment, if any, that the unit will receive during the period of
disqualification;
(3) in the case
of an individual who is not currently in receipt of public assistance, inform
the individual that the disqualification period will be postponed until after a
new application for public assistance is approved;
(4) in the case of an individual who has been
found after an administrative disqualification hearing to have committed an
intentional program violation, inform such individual of the decision and the
reason for the decision; and
(5)
inform the individual to be disqualified and any members of the household or
assistance unit of the right to request a fair hearing to contest:
(i) the amount of the overpayment or
over-issuance, if such amount has not been established by an administrative
disqualification hearing or court determination or set forth in a DCA or waiver
of an administrative disqualification hearing;
(ii) the amount of the public assistance or
food stamp allotment to be provided to the remaining members of the household
or assistance unit during the disqualification period; and
(iii) the social services district's failure
to restore the disqualified individual to the household or assistance unit at
the end of the disqualification period indicated in the written notice even
though the individual has requested such restoration.
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