New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter E - Medical Care
Article 3 - Policies and Standards Governing Provision of Medical and Dental Care
Part 520 - Tax Refund Offset For Overpayments Of Medical Assistance
Section 520.5 - Review and determination by the department

When the department has received a written request for review, the department shall review the arguments and evidence submitted in writing by the individual or the individual may appear at a scheduled conference to present oral arguments and written and oral evidence in support of the defense. The department shall issue a written response to the individual, and the individual's attorney if such information is a matter of record, which will be the final determination of the department. The department is not entitled to receive overpayments of State tax until the time for requesting a review pursuant to section 520.3(f) of this Part has expired or, when such request for a review was timely made, until a written response has been issued by the department advising the individual that retention of the overpayments of State tax by the department is proper.