358-3.5 Requests for a fair hearing.
(a) A fair hearing may be requested in writing, by telephone, or in
person.
(b) (1) A request for a fair hearing must be made
within 60 days after the social services agency's determination, action, or failure to act
about which you are complaining except as provided in paragraphs (2) and (3) of this
subdivision for fair hearings relating to food stamp benefits, and paragraph (4) relating
to HEAP benefits and paragraph (5) relating to involuntary discharges from tier II
facilities, and paragraph (6) relating to determinations of exemptions from work activity
due to disability. Where the social services agency's action is based on a change in State
or federal law requiring automatic public assistance grant adjustments for classes of
recipients, a request for a fair hearing must be made within 60 days after the changed
grant becomes available to you.
(2) A request for a fair hearing to complain
about any action by the social services agency affecting your food stamp benefits,
including a loss of food stamp benefits, must be made within 90 days after the
determination, action or failure to act about which you are complaining. Action includes a
denial of a request for restoration of any benefits lost more than 90 days but less than
one year prior to the request for restoration. Where the social services agency's action
is the result of a mass change, a request for a fair hearing must be made within 90 days
after the changed level of benefits become available to you.
(3) A request for a fair hearing to dispute the
current level of food stamp benefits granted to your household must be made during the
food stamp certification period.
(4) A request for a fair hearing to review the
denial of, the failure to act on an application for, or to dispute the adequacy of HEAP
benefits must be requested no later than 60 days after the mailing of the notice; however,
in no event may a hearing request made more than 105 days after the district terminates
the receipt of applications for the program year be accepted.
(5) A request for a fair hearing to review the
involuntary discharge of a resident from a tier II facility after the resident has
requested and participated in a hearing, held by the facility or social services district
in which the facility is located, must be made no later than 30 days after the decision of
the facility or social services district is rendered.
(6) A request for a fair hearing relating to determinations of exemptions from work
acxtivities due to disabilities must be made within 10 days of the agency's notice of
determination pursuant to section 1300.2(d)(7)(i) of 12 NYCRR.
(7) If the last day for requesting a fair
hearing falls on a weekend or holiday, a hearing request postmarked or received by the
department on the day after the weekend or holiday will be considered as timely received.