N.Y. Comp. Codes R. & Regs. tit. 18 § 399.8

Current through Register Vol. 46, No. 51, December 18, 2024

Section 399.8 - Waiver of administrative disqualification hearing

(a) Waiver of an administrative disqualification hearing is defined in section 399.1(e) of this Part.

(b) The department shall enclose a waiver with each notice of an administrative disqualification hearing which it sends by certified mail, return receipt requested to a recipient.

(c) The waiver shall contain written notification to the household member which informs him/her of the possibility of waiving the administrative disqualification hearing. The notification shall include:

(1) the date that the signed waiver must be received by the department to avoid the holding of a hearing and a signature block for the accused individual, along with a statement that the head of household must sign the waiver if the accused individual is not the head of household, with an appropriate designated signature block;

(2) a statement of the accused individual's right to remain silent concerning the charge(s) and that anything said or signed by the individual concerning the charge(s) can be used against him/her in a court of law;

(3) the fact that a waiver of the disqualification hearing will result in a disqualification and a reduction in benefits for the period of disqualification, even if the accused individual does not admit to the facts as presented by the local social services district;

(4) an opportunity for the accused individual to specify whether or not he/she admits to the facts as presented by the local social services district;

(5) the telephone number and, if possible, the name of the person to contact for additional information; and

(6) the fact that the remaining household members, if any, will be held responsible for the repayment of the resulting claim.

(d) Upon timely receipt of a properly executed waiver, the department will notify the local social services district in writing of the cancellation of the scheduled hearing and of the district's responsibility to proceed with the collection of the claim.

(e) After an individual waives the right to an administrative disqualification hearing and a disqualification penalty has been imposed, such penalty cannot be changed by a subsequent fair hearing decision. There is no right to appeal the penalty by a fair hearing.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 399.8