N.Y. Comp. Codes R. & Regs. tit. 9 § 6651.3

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

Section 6651.3 - State hearings and reviews

(a) The office offers the opportunity for a hearing to:

(1) under OAA, applicants for designation as area agencies or as geographic areas to be served by area agencies whose applications are denied;

(2) any area agency when the office proposes to disapprove an area plan or withdraw area agency status; and

(3) under OAA, any service provider or applicant to be a service provider whose application to an area agency to provide services under an area plan has been denied by the area agency.

(b) Under EISEP, the office offers any service recipient or applicant who contests an area agency's determination of functional ineligibility or extent of cost-sharing the opportunity for a review and ruling upon the record of an area agency hearing as prescribed in section 6652.4 of this Title (provided, however, that, despite functional eligibility, an area agency may deny services to applicants based on lack of program resources, and further provided that no entitlement to services is created under this Chapter).

(c) If an individual or agency wants a hearing under subdivision (a) of this section, such individual or agency shall file a written request with the office within 30 days following receipt of notice of the adverse action (except that the office may waive such deadline upon good cause). The office shall complete the hearing or review within 120 days of the date of the request for hearing and issue a hearing decision within 60 days after the hearing is complete.

(d) If an individual or agency wants a hearing under subdivision (b) of this section, such individual or agency shall file a written request with the office within 30 days following receipt of notice of the adverse action (except that the office may waive such deadline upon good cause). The office completes the review within 60 days of the date of receipt of the request for review accompanied by the complete file necessary for a decision. The office may, if it deems it necessary, conduct a hearing on the application. If the office conducts a hearing, it shall complete the hearing and issue a decision within 60 days of the receipt of the application accompanied by the complete file from the area agency determination.

(e) The office complies with the State Administrative Procedure Act and, for OAA, with Federal hearing requirements. The office may terminate formal hearing or review procedures at any point if the disputed issues are resolved by negotiated agreement approved by the office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6651.3