358-5.9 Fair hearing procedures.
(a) At a fair hearing concerning the denial of an application for or
the adequacy of public assistance, medical assistance, HEAP, food stamp benefits or
services; or an exemption from work activity requirements the appellant must establish
that the agency's denial of assistance or benefits was not correct or that the appellant
is eligible for a greater amount of assistance or benefits. Except where otherwise
established by law or regulation, in fair hearings concerning the discontinuance,
reduction or suspension of public assistance, medical assistance, food stamp benefits or
services, the social services agency must establish that its actions were correct.
(b) The fair hearing decision must be supported by and in accordance
with substantial evidence.
(c) Technical rules of evidence followed by a court of law need not be
applied. Irrelevant or unduly repetitious evidence and/or cross- examination may be
excluded at the discretion of the hearing officer. Privileges recognized by law will be
given effect.
(d) Any written record or document or part thereof to be offered as
evidence may be offered in the form of a reproduction or copy where such reproduction or
copy is identified satisfactorily as a complete and accurate reproduction or copy of the
original material.
(e) In addition to subpoenas issued at the discretion of the fair hearing officer as allowed by section 358-5.6(b)(8), attorneys for parties in fair hearings shall have the same authority to issue subpoenas as is possessed by attorneys under section 2302 of the Civil Practice Law and Rules.