N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-5.12

Current through Register Vol. 46, No. 42, October 16, 2024

Section 358-5.12 - Telephone Hearings

(a) OAH may provide that a fair hearing held pursuant to Part 398 of this Title be conducted by means of telephone. When a hearing is conducted by telephone, the parties and the hearing officer need not be physically present at the same location.

(b) All provisions of this Part, which are not inconsistent with the specific provisions of this section and Part 398 of this Title, shall apply to hearings conducted by telephone.

(c) The hearing will be held by means other than telephone in the following circumstances:

(1) when the applicant or recipient makes a request for an in-person hearing;

(2) when, in the judgment of OAH or the hearing officer, a party's due process rights would best be served by conducting a hearing in person; or

(3) when, in the judgment of OAH or the hearing officer, there are circumstances presented by the appellant which make proceeding with the hearing by telephone fundamentally unfair.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-5.12

Adopted by New York State Register September 24, 2014/Volume XXXVI, Issue 38, eff. 10/1/2014.