N.Y. Comp. Codes R. & Regs. tit. 10 § 60-1.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 60-1.3 - Conferences for applicants and participants

(a) Within seven days from the date a notice of denial of participation or disqualification is served, the aggrieved person may contact the local agency, either orally or in writing, to request a conference with a representative of the agency to discuss the determination or action of the agency, obtain an explanation of the reasons therefor, inspect any pertinent information in the agency's file and to present information to show that the agency's determination is incorrect.

(b) The local agency shall promptly, after receipt of a request for a conference, send the aggrieved person a notice containing the date, time and place of the conference and informing him/her that he/she may speak for himself/herself or be represented by an attorney, his/her parent or guardian, relative, friend or other spokesperson.

(c) The local agency shall conduct the conference at a date no later than 10 days after receipt of the request for a conference.

(d) If, as a result of a conference, the representative of the local agency finds that the information upon which the local agency based its determination or action is incorrect, or if for any other reason the representative decides that the determination or action is inappropriate, he/she may reverse or modify the local agency's determination. If, however, such representative finds that the determination or action of the agency is appropriate, such determination or action shall become effective as scheduled unless the aggrieved party requests a fair hearing from the department, whereupon the adverse action shall be stayed in appropriate cases until the fair hearing decision is rendered.

(e) The representative of the local agency shall make a decision at the conclusion of the conference and shall at that time inform the aggrieved person and the person's representative, if any, of the decision.

(f) The right to a conference shall not in any way affect the aggrieved person's right to a fair hearing.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 60-1.3