SubPart 358-6 - DECISION AND COMPLIANCE

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Statutory Authority: 
Social Services Law, Sections 20(3)(d), 22(8), 34(3)(f)

Section 358-6.0 - Introduction.

Section 358-6.0 Introduction. All decisions of the commissioner issued after a request for fair hearing are governed by this Subpart.

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Section 358-6.1 - All decisions.

358-6.1 All decisions. (a) The fair hearing decision issued by the commissioner must be based exclusively on the fair hearing record, or in the case of a decision without hearing, on the documents submitted by the appellant and the social services agency. The decision must be in writing and must set forth the fair hearing issues, the relevant facts, and the applicable law, regulations, and approved policy, if any, upon which the decision is based. The decision must make findings of fact, determine the issues and state reasons for the determinations and when appropriate, direct specific action to be taken by the social services agency. In addition, the decision may address the violation of any provision of this Part by the social services agency, including but not limited to violations of regulations concerning notice, aid continuing and provision of documents and records and set forth appropriate relief for such violations.

(b) Upon issuance, the decision is final and binding upon social services agencies and must be complied with in accordance with section 358-6.4 of this Subpart.

(c) A copy of the decision, accompanied by written notice to the appellant of the right to judicial review except as set forth in subdivision (d) of this section, will be sent to each of the parties and to their representatives, if any. In addition, such notice will advise the appellant that the appellant or the appellant's authorized representative may request the Department's assistance in obtaining compliance with the decision.

(d) Where the decision relates to a complaint regarding on-the-job working conditions or workers' compensation coverage related to participation in a work-related program or activity under the Job Opportunities and Basic Skills Training (JOBS) Program or under a program authorized by section 1115 of the Social Security Act or to wage rates used in calculating the hours of participation in the Community Work Experience Program, the decision will be accompanied by written notice that any party dissatisfied with the decision may, within 20 days of receipt of the decision, appeal to the United States Department of Labor for review of the decision.

 

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Section 358-6.2 - Decision without hearing.

358-6.2 Decision without hearing. (a) Upon the commissioner's own motion or upon request of an appellant in cases in which there is no material issue of fact to be resolved, a decision may be issued without a hearing. The determination to issue a decision without a hearing rests solely within the discretion of the commissioner.

(b) A request for a decision without a hearing must be accompanied by sufficient information to enable the commissioner to ascertain whether any unresolved material issue of fact exists, and should contain a full and clear statement of the issues and of the appellant's position on these issues.

(c) When the commissioner determines that a decision without hearing is appropriate, the commissioner will send the request for a decision without hearing, or the request for a hearing, along with any supporting documents to the social services agency involved. Within 10 business days of receipt of these documents, the social services agency must forward to the commissioner, the appellant, and the appellant's representative, a response containing sufficient information to ensure resolution of the dispute.

(d) Within 10 business days of the receipt of the documents submitted by the social services agency, the appellant or authorized representative may submit comments or rebuttal to the commissioner with copies to the other parties.

(e) At any point after a request for a decision without a hearing has been made, if it appears that there is a material and unresolved issue of fact relating to the issue or issues upon which the hearing was requested, the appellant and the social services agency will be informed that a fair hearing will be scheduled upon notice to all parties.

(f) A decision without a hearing will be issued by the commissioner based upon the papers submitted in accordance with this section.

 

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Section 358-6.3 - Direction relative to similar cases.

358-6.3 Direction relative to similar cases. When a fair hearing decision indicates that a social services agency has misapplied provisions of law, department regulations, or such agency's own State-approved policy, the commissioner's letter transmitting such decision to such agency may contain a direction to the agency to review other cases with similar facts for conformity with the principles and findings in the decision.

 

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Section 358-6.4 - Compliance.

358-6.4 Compliance. (a) For all decisions, except those involving food stamp issues only, definitive and final administrative action must be taken promptly, but in no event more than 90 days from the date of the request for a fair hearing.

(b) (1) For all cases involving food stamp issues only the decision must be issued and the parties notified of the decision within 60 days of receipt of the request for the fair hearing by the department.

(2) If the decision will result in an increase in household food stamp benefits,social services agencies must reflect such increase in the coupon allotment within 10 days of the receipt of the hearing decision; however, the increase may occur later than 10 days after the decision if the social services agency decides to make the decision effective in the household's normal issuance cycle and the issuance will occur within 60 days from the household's request for a hearing. Decisions which result in a decrease in household benefits must be reflected on the next scheduled issuance following receipt of the fair hearing decision.

(c) Upon receipt of a complaint that a social services agency has not complied with the fair hearing decision, the department will secure compliance by whatever means is deemed necessary and appropriate under the circumstances of the case.

 

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Section 358-6.5 - Compliance with direction relative to similar cases.

358-6.5 Compliance with direction relative to similar cases. When a direction has been given to a social services agency to correct a misapplication of law, department regulations or such agency's own State-approved policy in all cases similar to the one in which a decision has been issued, such social services agency must report the actions it has taken to comply with such direction to the department within 30 days after receipt of the direction. The social services agency must make such additional reports as the department may require.

 

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Section 358-6.6 - Corrected decisions and reopened hearings.

358-6.6 Corrected decisions and reopened hearings. (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 commissioner 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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