358-6.1 All decisions.
(a) The fair hearing decision issued by the Commissioner must be based
exclusively on the fair hearing record, or in the case of a decision without hearing, on
the documents submitted by the appellant and the social services agency. The decision must
be in writing and must set forth the fair hearing issues, the relevant facts, and the
applicable law, regulations, and approved policy, if any, upon which the decision is
based. The decision must make findings of fact, determine the issues and state reasons for
the determinations and when appropriate, direct specific action to be taken by the social
services agency. In addition, the decision may address the violation of any provision of
this Part or of Part 1300 of 12 NYCRR by the social services agency, including but not
limited to, violations of regulations concerning notice, aid continuing and provision of
documents and records and set forth appropriate relief for such violations.
(b) Upon issuance, the decision is final and binding upon social
services agencies and must be complied with in accordance with section 358-6.4 of this
Part.
(c) A copy of the decision, accompanied by written notice to the
appellant of the right to judicial review except as set forth in subdivision (d) of this
section, will be sent to each of the parties and to their representatives, if any. In
addition, such notice will advise the appellant that the appellant or the appellant's
authorized representative may request the OAH's assistance in obtaining compliance with
the decision.