358-3.2 Right to priority in hearing and determination.
Priority in scheduling of your hearing and determination will be provided when:
(a) you are an applicant for emergency assistance to needy families
with children, emergency assistance to aged, blind or disabled persons or emergency home
relief and you are appealing the denial of such benefits; or
(b) your circumstances warrant priority in scheduling and your hearing
is being scheduled because you have:
(1) no food; or
(2) no shelter, or your shelter is imminently
about to be lost or terminated; or
(3) an inadequate or inappropriate emergency
shelter placement; or
(4) an eviction/dispossess notice; or
(5) no fuel for heat during the cold weather
period; or
(6) a utility disconnect scheduled for a
specific date; or
(7) a utility shut-off; or
(8) need for rental security deposit, broker's
fee and/or first month's rent, if necessary to obtain permanent housing, and failure to
expedite processing will lead to loss of such housing; or
(9) urgent need for medical care, services or
supplies; or
(10) a denial or discontinuance of or
inadequate personal care services; or
(11) a denial or discontinuance of or
inadequate adult protective services; or
(12) been involuntarily discharged from a tier
II facility as defined in Part 900 of this Title and you requested and participated in a
hearing, held by the facility or by the social services district in which the facility is
located, to determine whether you should be involuntarily discharged; or
(13) any other problem which is determined, in
the department's discretion, to be an appropriate subject for priority processing and
which presents a crisis situation or a threat to your health and safety or that of your
family.
(c) you are requesting a fair hearing concerning your food stamp
benefits and your household is planning to move away from the local social services
district before the fair hearing decision would normally be issued; or
(d) you have been denied public assistance under the aid to dependent
children program for yourself or your dependent child because:
(1) you are under the age of 18;
(2) you have never married;
(3) you either reside with and provide care for
your dependent child or are pregnant;
(4) you are not residing in a place of
residence maintained as a home by your parent, legal guardian or other adult relative or
in an adult-supervised supportive living arrangement; and
(5) you have alleged that your physical or
emotional health or safety or that of your dependent child would be jeopardized if you or
such child lived in the same residence with your parent or legal guardian and an
investigation conducted in accordance with section 424 of the Social Services Law did not
support your allegation.