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- VOLUME A (Title 18)
- Chapter II - Regulations of the Department of Social Services
- SubChapter A - General Welfare
- Article 5 - Miscellaneous
- Part 348 - REQUIREMENTS APPLICABLE TO FRAUD CASES
- Title: Section 348.4 - Recovery of assistance wrongfully obtained by an applicant or
Title: Section 348.4 - Recovery of assistance wrongfully obtained by an applicant or
348.4 Recovery of assistance wrongfully obtained by an applicant or recipient. In a case of suspected fraud which was or should have been referred by a local social services department to a district attorney or other prosecuting official pursuant to the provisions of the regulations of this department, and in which case there is evidence, in the judgment of the social services official of such local department, which clearly establishes that the applicant or recipient of public assistance and care willfully withheld from such local social services department at the time of his application for public assistance and care, or any time thereafter, information about his income or resources, and as a result of withholding such information from the local social services department, the applicant or recipient has received grants, of public assistance, or care at public expense to which he was not entitled in whole or part, the social services official shall recover the amount of the public assistance granted or the cost of care provided to the applicant or recipient to which he was not entitled in accordance with subdivision
(d) of section 352.31 of this Title.
Volume
VOLUME A (Title 18)
- VOLUME A (Title 18)
- Chapter I - Rules of the Board of Social Welfare - OTDA
- Chapter II - Regulations of the Department of Social Services
- SubChapter A - General Welfare
- Article 1 - Program and organization
- Part 300 - LOCAL WELFARE ADMINISTRATION - OTDA/DOL
- Part 301 - ADMINISTRATION OF VETERAN ASSISTANCE AND FEDERAL PROGRAMS BY VETERAN ASSISTANCE DIVISIONS OR BUREAUS OF SOCIAL SERVICES DEPARTMENTS - DVA
- Part 302 - SUBMISSION AND PAYMENT OF BILLS - OTDA
- Part 303 - PROHIBITIONS AGAINST DISCRIMINATION
- Section 303.1 - Social services district policy.
- Section 303.2 - Utilization of other organizations.
- Section 303.3 - Participants in community work and training programs.
- Section 303.4 - Volunteers and other nonemployees of social services districts.
- Section 303.5 - Compliance with Civil Rights Act of 1964 (as amended in 1972)
- Section 303.6 - Protection of recipients from unlawful discrimination.
- Section 303.7 - Persons with AIDS or infected with HIV.
- Article 2 - Liability for Payment
- Article 3 - Office Management
- Article 4 - Audits and Reviews
- Article 5 - Miscellaneous
- Part 339 - ACCESS TO PERSONAL INFORMATION UNDER PERSONAL PRIVACY PROTECTION LAW
- Section 339.1 - Purpose and scope.
- Section 339.2 - Privacy compliance officer; personal information procedures.
- Section 339.3 - Proof of identity.
- Section 339.4 - Availability of records.
- Section 339.5 - Hours for public inspection and copying.
- Section 339.6 - Requests for records.
- Section 339.7 - Amendment of records.
- Section 339.8 - Denial of request for a record or amendment or correction.
- Section 339.9 - Appeal of denial.
- Section 339.10 - Statement of disagreement by data subject.
- Section 339.11 - Fees.
- Part 340 - PUBLIC ACCESS TO DEPARTMENT RECORDS UNDER FREEDOM OF INFORMATION LAW
- Section 340.1 - General.
- Section 340.2 - Definitions.
- Section 340.3 - Records access officer.
- Section 340.4 - Time and place for inspection.
- Section 340.5 - Subject-matter list.
- Section 340.6 - Requests for public access to records; procedure.
- Section 340.7 - Fees.
- Section 340.8 - Denial of access to records.
- Section 340.9 - Appeals.
- Section 340.10 - Names, addresses and telephone numbers of department officials.
- Section 340.11 - Trade secrets received in conjunction with procurement and
- Section 340.12 - Severability.
- Part 341 - LOCAL ADVISORY COUNCILS
- Part 342 - STATE ADVISORY COUNCIL
- Part 343 - HEARING PROCEDURE: RESIDENTIAL CARE PROGRAMS FOR CHILDREN
- Section 343.1 - Definitions.
- Section 343.2 - General.
- Section 343.3 - Notice of hearing.
- Section 343.4 - Answer.
- Section 343.5 - Expedited hearings, procedure.
- Section 343.6 - Joinder.
- Section 343.7 - Pleadings, depositions and discovery.
- Section 343.8 - Hearing officer.
- Section 343.9 - Who may be present at hearing; authorization of representative.
- Section 343.10 - Conduct of hearing-rights of parties.
- Section 343.11 - The record.
- Section 343.12 - Examination of the record after hearing.
- Section 343.13 - Decision after hearing.
- Part 344 - INCOME WITHHOLDING FOR PERSONS NOT SERVED BY THE TITLE IV-D CHILD SUPPORT ENFORCEMENT PROGRAM - OCFS
- Part 345 - TAX REFUND OFFSET FOR PERSONS NOT SERVED BY THE STATE CHILD SUPPORT ENFORCEMENT PROGRAM - OCFS
- Part 346 - SUPPORT COLLECTION - OCFS
- Part 347 - ESTABLISHMENT OF PATERNITY AND ENFORCEMENT OF CHILD SUPPORT - OCFS
- Part 348 - REQUIREMENTS APPLICABLE TO FRAUD CASES
- Section 348.1 - Fraud defined.
- Section 348.2 - Required district procedure.
- Section 348.3 - Investigations of fraud.
- Section 348.4 - Recovery of assistance wrongfully obtained by an applicant or
- Section 348.5 - Records required to be maintained.
- Section 348.6 - Reports to department.
- Section 348.7 - Front end detection system (FEDS).
- Part 339 - ACCESS TO PERSONAL INFORMATION UNDER PERSONAL PRIVACY PROTECTION LAW
- Article 1 - Program and organization
- SubChapter B - Public Assistance
- Article 1 - Determination of Eligibility--General
- Part 349 - GENERAL PROVISIONS
- Section 349.1 - Assistance to Cuban refugees.
- Section 349.2 - Assistance for United States citizens returned from foreign
- Section 349.3 - Citizenship and Alien Status.
- Section 349.4 - Temporary absence.
- Section 349.5 - Emancipated minor.
- Section 349.6 - Utilization of employee group health benefits as a condition of
- Part 350 - APPLICATION
- Section 350.1 - Definitions.
- Section 350.2 - Authorization of grant.
- Section 350.3 - General.
- Section 350.4 - Use of the application form.
- Section 350.5 - Notification.
- Section 350.6 - Statistical reports.
- Section 350.7 - Responsibility of a social services district at the time of application interview
- Part 351 - INVESTIGATION AND ELIGIBILITY
- Section 351.1 - Investigation.
- Section 351.2 - Aspects of investigation and eligibility.
- Section 351.3 - Required approval of facility.
- Section 351.4 - Front end detection system (FEDS) referrals.
- Section 351.5 - Sources of information.
- Section 351.6 - Verification.
- Section 351.7 - Supervisory review and approval.
- Section 351.8 - Decision on initial eligibility and payment of assistance
- Section 351.9 - Concurrent benefits prohibited.
- Section 351.10 - Identification and referral of adolescents to case management
- Section 351.12 - Learnfare.
- Section 351.20 - Determination of continuing eligibility.
- Section 351.21 - Required contacts and investigation.
- Section 351.22 - Action to be taken upon failure to appear at face-to-face
- Section 351.23 - Notification of change in grant.
- Section 351.24 - Mandatory reporting.
- Section 351.25 - Proration of benefits at time of case closing or reduction of
- Section 351.26 - Good Cause.
- Section 351.27 Reserved
- Section 351.28 - Home visits.
- Part 352 - STANDARDS OF ASSISTANCE - OTDA
- Part 353 - RECOVERY OF INTERIM ASSISTANCE - OTDA
- Part 354 - CASE RECORDING
- Part 355 - INFORMATION PAMPHLETS; NOTIFICATION OF DECISIONS
- Section 355.1 - Responsibility of social services agency to provide
- Section 355.2 - Informational pamphlets.
- Section 355.3 - Notification of local department decisions--all programs except
- Section 355.4 - Notification of local department decisions--SSI and MA.
- Section 355.5 - Transfers and reclassifications.
- Part 356 - INQUIRIES AND COMPLAINTS
- Part 357 - CONFIDENTIAL NATURE OF RECORDS
- Section 357.1 - Nature of information to be safeguarded.
- Section 357.2 - Prohibition against disclosure of information.
- Section 357.3 - Basis for disclosure of information.
- Section 357.4 - Prohibition against improper use of lists of applicants and
- Section 357.5 - Procedures for safeguarding information maintained by the New
- Section 357.6 - Confidentiality policy and procedures manual.
- Part 358 - FAIR HEARINGS
- SubPart 358-1 - SCOPE AND EFFECTIVE DATE
- SubPart 358-2 - DEFINITIONS
- Section 358-2.0 - Introduction.
- Section 358-2.1 - Action taken notice.
- Section 358-2.2 - Adequate notice.
- Section 358-2.3 - Adverse action notice.
- Section 358-2.4 - Agency conference.
- Section 358-2.5 - Aid continuing.
- Section 358-2.6 - Appellant.
- Section 358-2.7 - Applicant.
- Section 358-2.8 - Commissioner.
- Section 358-2.9 - Covered programs or services.
- Section 358-2.10 - Department.
- Section 358-2.11 - Expiration notice.
- Section 358-2.12 - Fair hearing.
- Section 358-2.13 - Hearing officer.
- Section 358-2.14 - Mass change in the Food Stamp Program.
- Section 358-2.15 - Notice of action.
- Section 358-2.16 - Parties to a fair hearing.
- Section 358-2.17 - Public assistance.
- Section 358-2.18 - Recipient.
- Section 358-2.19 - Restricted payment.
- Section 358-2.20 - Services funded through the New York State Department of
- Section 358-2.21 - Social services agency.
- Section 358-2.22 - Social services district.
- Section 358-2.23 - Timely notice.
- Section 358-2.24 - Title.
- Section 358-2.25 - Witness.
- Section 358-2.26 - Resident of a tier II facility.
- Section 358-2.27 - Food Stamps.
- SubPart 358-3 - RIGHTS AND OBLIGATIONS OF APPLICANTS AND RECIPIENTS AND SPONSORS OF ALIENS
- Section 358-3.0 - Introduction.
- Section 358-3.1 - Right to a fair hearing.
- Section 358-3.2 - Right to priority in hearing and determination.
- Section 358-3.3 - Notice requirements.
- Section 358-3.4 - Rights in the fair hearing process.
- Section 358-3.5 - Requests for a fair hearing.
- Section 358-3.6 - Right to aid continuing.
- Section 358-3.7 - Examination of case record before the fair hearing.
- Section 358-3.8 - Agency conference.
- Section 358-3.9 - Authorization of representative.
- SubPart 358-4 - RIGHTS AND OBLIGATIONS OF SOCIAL SERVICES AGENCIES
- SubPart 358-5 - THE FAIR HEARING PROCESS
- Section 358-5.0 - Introduction.
- Section 358-5.1 - Notice of fair hearing.
- Section 358-5.2 - Scheduling.
- Section 358-5.3 - Adjourning the fair hearing.
- Section 358-5.4 - Withdrawal of a request for a fair hearing.
- Section 358-5.5 - Abandonment of a request for a fair hearing.
- Section 358-5.6 - Hearing officer.
- Section 358-5.7 - Who may be present at the fair hearing.
- Section 358-5.8 - Media admission to fair hearing.
- Section 358-5.9 - Fair hearing procedures.
- Section 358-5.10 - Consolidated fair hearings.
- Section 358-5.11 - The hearing record.
- SubPart 358-6 - DECISION AND COMPLIANCE
- Section 358-6.0 - Introduction.
- Section 358-6.1 - All decisions.
- Section 358-6.2 - Decision without hearing.
- Section 358-6.3 - Direction relative to similar cases.
- Section 358-6.4 - Compliance.
- Section 358-6.5 - Compliance with direction relative to similar cases.
- Section 358-6.6 - Corrected decisions and reopened hearings.
- Part 359 - DISQUALIFICATION FOR INTENTIONAL PROGRAM VIOLATION
- Section 359.0 - Scope.
- Section 359.1 - Definitions.
- Section 359.2 - Applicability.
- Section 359.3 - Standards.
- Section 359.4 - Referral to prosecuting authorities.
- Section 359.5 - Commencement of the administrative disqualification hearings
- Section 359.6 - Notification of administrative disqualification hearing.
- Section 359.7 - Administrative disqualification hearings.
- Section 359.8 - Waiver of an administrative disqualification hearing.
- Section 359.9 - Penalties.
- Section 359.10 - Notice of disqualification.
- Part 349 - GENERAL PROVISIONS
- Article 1 - Determination of Eligibility--General
- SubChapter A - General Welfare