N.Y. Comp. Codes R. & Regs. tit. 18 § 359.10

Current through Register Vol. 46, No. 43, October 23, 2024

Section 359.10 - Notice of disqualification

(a) The social services district will provide a written notice of disqualification to an individual who:

(1) has been found, after an administrative disqualification hearing, to have committed an intentional program violation;

(2) has waived his or her right to appear at an administrative disqualification hearing in accordance with section 359.8 of this Part;

(3) has signed a disqualification consent agreement in which he or she admits committing an intentional program violation in accordance with section 359.4 of this Part; or

(4) has been determined by a court to have engaged in conduct that would constitute an intentional program violation in accordance with section 359.9(d) of this Part.

(b) A notice of disqualification must:

(1) inform the individual as to when any disqualification period will take effect and the date upon which it will end and the length of the disqualification period;

(2) inform the individual and any members of the household or assistance unit of the amount of payment or allotment, if any, that the unit will receive during the period of disqualification;

(3) in the case of an individual who is not currently in receipt of public assistance, inform the individual that the disqualification period will be postponed until after a new application for public assistance is approved;

(4) in the case of an individual who has been found after an administrative disqualification hearing to have committed an intentional program violation, inform such individual of the decision and the reason for the decision; and

(5) inform the individual to be disqualified and any members of the household or assistance unit of the right to request a fair hearing to contest:

(i) the amount of the overpayment or over-issuance, if such amount has not been established by an administrative disqualification hearing or court determination or set forth in a DCA or waiver of an administrative disqualification hearing;

(ii) the amount of the public assistance or food stamp allotment to be provided to the remaining members of the household or assistance unit during the disqualification period; and

(iii) the social services district's failure to restore the disqualified individual to the household or assistance unit at the end of the disqualification period indicated in the written notice even though the individual has requested such restoration.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 359.10