N.Y. Comp. Codes R. & Regs. tit. 18 § 436.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 436.10 - Fair hearings

(a) Any person aggrieved by the decision of a social services official not to make a payment or payments for kinship guardianship assistance, non-recurring guardianship expenses, the State's medical assistance program in accordance with section 436.8 of this Part or medical subsidy pursuant to title 10 of article 6 of the Social Services Law or this Part, or to make such payment or payments in an inadequate or inappropriate amount, or the failure by a social services official to determine an application under this Part within 30 days after filing, or the failure of a social services district to agree to a prospective successor guardian being named in an agreement or to approve a prospective successor guardian pursuant to section 436.5(a)(1) of this Part, or the decision of a social services district to terminate an agreement pursuant to section 436.4(i) of this Part, may appeal to the office, which must review the case and give such person an opportunity for a fair hearing thereon and render its decision within 30 days of the completion of the fair hearing. All decisions of the office are binding upon the social services district involved and must be complied with by the social services official thereof.

(b) The only issues which may be raised in a fair hearing under this section are:

(1) whether the social services official has improperly denied an application for payments under title 10 of article 6 of the Social Services Law or this Part;

(2) whether the social services official has improperly discontinued payments under this Part;

(3) whether the social services official has determined the amount of the payments made or to be made in violation of the provisions of title 10 of article 6 of the Social Services Law or this Part;

(4) whether the social services official has failed to determine an application under this Part within 30 days of receipt of a completed application;

(5) whether the social services official has improperly denied an application to name a prospective successor guardian in the original kinship guardianship assistance agreement for payments pursuant to this Title or any amendments thereto;

(6) whether a social services official has inappropriately failed to approve a prospective successor guardian; or

(7) whether a social services official has inappropriately terminated an agreement for payments under this Title.

(c) The provisions of section 22(2) and (4) of the Social Services Law apply to fair hearings held and appeals taken pursuant to this section.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 436.10

Amended New York State Register May 11, 2016/Volume XXXVIII, Issue 19, eff.5/11/2016