N.Y. Comp. Codes R. & Regs. tit. 9 § 9750.2

Current through Register Vol. 46, No. 36, September 4, 2024

Section 9750.2 - Decision after hearing

(a) The hearing decision shall be made and issued in accordance with the agreement between the Department of Health and the panel, and shall be based exclusively on the record and testimony introduced at the hearing.

(b) The decision shall be issued as promptly as feasible and within 60 days from the date the request for a fair hearing is received by the department. The decision shall describe the issues, recite the relevant facts, the pertinent provisions of law, regulation and State-approved policy, make appropriate findings, determine the issues, state reasons for the determinations and, when appropriate, direct specific action.

(c) Where the issue at hearing involves the mere calculation of income or determination of the amount of any required fee, premium or deductible paid or to be paid, the hearing officer may issue a directive on the record, directing specific action by the contractor. Where such immediate directive is issued, a written memorandum decision shall be made setting forth the directive.

(d) The decision shall be binding on the parties.

(e) A copy of the decision or the memorandum of an immediate directive issued on the record, as appropriate, shall be sent to each of the parties and their representatives, if any.

(f) In the letter transmitting the decision, clear reference shall be made to availability of judicial review.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9750.2