N.Y. Comp. Codes R. & Regs. tit. 18 § 347.23

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

Section 347.23 - Request for redetermination

(a) Any social services district which has been denied State reimbursement or which has received official departmental notification of an intention to deny reimbursement, for failing to meet its portion of the annual collections goal may request a redetermination.

(b) The request shall be submitted to the department in writing within 90 days after the denial of reimbursement.

(c) the request shall specify in detail:

(1) the amount of the redetermination sought;

(2) the factors that caused the district to fail to meet its collections goal;

(3) an explanation of how such factors caused the failure to meet the collections goal;

(4) that such factors are not administrative and processing functions or organizations subject to the jurisdiction of the local legislative body;

(5) the basis for paragraph (4) of this subdivision; and

(6) other relevant information required by this subdivision.

(d) The commissioner, or his designee(s), may request a social services district, and such district shall comply with the request, for any additional information relevant to the request for a redetermination. The additional information shall become a part of the original request.

(e) The commissioner, or his/her designee(s), shall review the request for a redetermination and make findings of fact and a determination based on the findings of fact. The commissioner, at his/her option, may afford the social services district an opportunity to make an oral presentation of its position.

(f) Upon a determination by the commissioner or his/her designee(s) that the failure of the social services district to meet its collections goal was due in whole or in part to factors other than those administrative and processing functions or organizations which are subject to the jurisdiction of such district's local legislative body, the commissioner shall waive such failure in whole or in part and shall restore all or a corresponding portion of any State reimbursement previously denied for a failure to meet its collections goal.

(g) The district shall receive:

(1) a copy of the findings of fact;

(2) a copy of the determination; and

(3) notification of the commissioner's final action thereupon.

(h) Unless there has been an intervening relevant change of circumstances, any findings of fact or determination in a prior review may be used as a basis for a finding of fact or determination of subsequent request of such district. The burden of showing that there has been an intervening relevant change of circumstances is upon such district.

(i) A pending request for a redetermination shall not stay a denial of reimbursement.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.23