N.Y. Comp. Codes R. & Regs. tit. 18 § 359.8

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

Section 359.8 - Waiver of an administrative disqualification hearing

(a) An administrative disqualification hearing is waived when a waiver of administrative hearing document which is sent by the department to an individual for whom the department has scheduled an administrative disqualification hearing is properly executed by the individual or any caretaker relative or head of household, if the accused individual is not the caretaker relative or head of household, and received by the department.

(b) The department will send written notification to the social services district which had requested the hearing that it may impose the appropriate penalty contained in section 359.9 of this Part upon sending a notice of disqualification to the individual, as described in section 359.10 of this Part. A waiver of an administrative disqualification hearing must comply with the provisions of section 359.6(d)(15) of this Part.

(c) A disqualification penalty which has been imposed following a waiver of an administrative disqualification hearing cannot be changed in a subsequent fair hearing held pursuant to Part 358 of this Title. There is no right to appeal the penalty by a fair hearing.

(d) Upon timely receipt of a properly executed waiver, the department will notify the social services district in writing of the cancellation of the scheduled administrative disqualification hearing and of the social services district's responsibility to proceed with the recovery of any overpayment or over-issuance in accordance with the provisions of section 352.31 or 387.19 of this Title.

(e) When an individual waives his or her right to appear at an administrative disqualification hearing, the disqualification and appropriate reduction or discontinuance of assistance or food stamps must result regardless of whether the individual admits or denies the charges made by the district.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 359.8