New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle KK - Program for Elderly Pharmaceutical Insurance Coverage
Part 9740 - The Fair Hearing Process
Section 9740.4 - Withdrawal or abandonment of a request for hearing
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 9740.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A request for a hearing is considered abandoned if neither the appellant nor his/her representative appears at the time and place agreed upon for the hearing or neither the appellant or his/her representative has contacted the department to reschedule the hearing.
(b) The department will consider a hearing request to be withdrawn only under the following circumstances:
(1) the department has
received a written statement from the appellant or his/her representative
stating that the request for a fair hearing is withdrawn; or
(2) the appellant or his/her representative
has made a statement to the hearing officer withdrawing the request on the
record at the hearing.
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