SubPart 358-1 - SCOPE AND EFFECTIVE DATE

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Statutory Authority: 
Social Services Law, Sections 20[3][d], 22[8], 34[3][f]

Section 358-1.1 - General.

Section 358-1.1 General. These regulations govern the fair hearing process and establish the rights and obligations of applicants, recipients, and social services agencies when an applicant or recipient seeks review of a social services agency action or determination regarding that individual's assistance or benefits under public assistance programs, medical assistance, food stamp, food assistance and the home energy assistance (HEAP) programs and under various service programs as defined in section 358-2.20 of this Part.

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Section 358-1.2 - Applicant/recipient.

358-1.2 Applicant/recipient. For applicants and recipients, these regulations govern the following:

(a) Notice. These regulations set forth what information you are entitled to receive if you have been accepted for or denied public assistance, medical assistance, HEAP, food stamp benefits or services or if there is to be a discontinuance, reduction, or suspension in the public assistance, medical assistance, food stamp benefits or services which you are receiving or if there is an increase in the public assistance, medical assistance or food stamp benefits you are receiving or if there is to be a change in the calculation of such assistance or benefits or if you are involuntarily discharged from a tier II facility as defined in Part 900 of this Title.

(b) Timing. These regulations set forth the time periods within which you are obligated to request a fair hearing and/or conference if your application for public assistance, medical assistance, HEAP, food stamp benefits or services is not acted upon in a timely manner, or if you have been denied public assistance, medical assistance, food stamp benefits or services or if there is to be a discontinuance, reduction, or suspension in the public assistance, medical assistance, food stamp benefits or services you are receiving, or if there is an increase in the public assistance, medical assistance or food stamp benefits you are receiving, or if there is to be a change in the calculation of such assistance or benefits; or if you are told that you have received an over-issuance of food stamp benefits.

(c) Procedures. These regulations set forth what you are required to do to have an action of a social services agency reviewed when you are denied public assistance, medical assistance, food stamp benefits, HEAP or services, or when there is a discontinuance, reduction, or suspension in the public assistance, medical assistance, food stamp benefits or services which you are receiving, or when there is an increase in the public assistance, medical assistance or food stamps which you are receiving, or if you are involuntarily discharged from a tier II facility as defined in Part 900 of this Title, or if the social services agency has not acted in a timely manner or if there is a change in the calculation of such assistance or benefits, or if you are told that you have received an over-issuance of food stamp benefits; how to ask for a conference and fair hearing; how to exercise your right to have your public assistance, medical assistance, food stamp benefits or services continued until a hearing decision is issued; how to request another hearing date if you are unable to attend the fair hearing on the day it is scheduled to be held; how to get an interpreter if you do not speak English or if you are deaf; and who you may bring to a conference, or fair hearing.

(d) Decision. These regulations set forth what you should do if your local department of social services does not comply with your fair hearing decision.

 

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Section 358-1.3 - Social services agencies.

358-1.3 Social services agencies. For social services agencies, these regulations govern the following:

(a) notices to be sent to applicants and recipients of covered programs or services;

(b) agency conferences;

(c) information and documents to be provided to applicants/recipients, or their representatives, who have requested a fair hearing;

(d) the fair hearing process; and

(e) compliance with fair hearing decisions.

 

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Section 358-1.4 - Effective date.

358-1.4 Effective date. (a) The provisions of this Part are effective January 15, 1989; however, provisions requiring that recipients be notified of increases in food stamp benefits are not effective until June 1, 1989.

(b) Except as provided in subdivision (c) of this section, social services agencies are required to utilize notices which meet the requirements of this Part no later than June 1,1989.

(c) (1) Notices used in the HEAP program are required to meet the requirements of this Part commencing with the 1989/90 HEAP program year.

(2) Automated notices currently in use by social services districts must conform to the requirements of this Part no later than October 1, 1989.

 

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