§ 10-13 Agency Review Conference and DSS Administrative Appeal Process.
RCNY § 10-13
(a)Right to DSS Administrative Review. An applicant, shelter resident, current or former program participant, or household member may request an agency review conference and/or a DSS administrative hearing to seek review of any determinations or actions made under this chapter, as well as any failures to act, or failures to act with reasonable promptness, in implementing the provisions of this chapter.
(b)Agency Review Conference.
(1)If an individual requests an agency review conference pursuant to 68 RCNY § 10-13(a), HRA shall informally review and attempt to resolve the issues raised.
(2)An individual may request an agency review conference without also requesting a DSS administrative hearing. Requesting an agency review conference will not prevent an individual from later requesting a DSS administrative hearing.
(3)An agency review conference must be requested within sixty days after the challenged determination or action, provided further that if a DSS administrative hearing is scheduled, an agency review conference must be requested reasonably in advance of the scheduled hearing date.
(4)A request for an agency review conference will extend the time period to request a DSS administrative hearing as set forth in 68 RCNY § 10-13(c)(2) to sixty days after the date of the agency review conference.
(c)Request for a DSS Administrative Hearing.
(d)Authorized Representative.
(e)Continued Assistance.
(f)Notice. DSS shall provide the individual who has requested a hearing under this section with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the individual has withdrawn their hearing request.
(g)Examination of Case Record. The individual who has requested a conference or hearing under this section or their authorized representative has the right to examine the contents of their CityFHEPS Program case file, if one exists, and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such individual with copies of all such documents, and copies of any additional documents in the possession of HRA that the individual identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the individual with copies of such documents no later than at the time of the administrative hearing.
(h)Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on their own motion or at the request of the individual who requested the hearing or their authorized representative, or HRA.
(i)Conduct of Administrative Hearing.
(j)Abandonment of Request for Administrative Hearing. Absent a request to reschedule an administrative hearing made prior to the hearing date, DSS will consider an administrative hearing request abandoned if neither the program participant nor their authorized representative appears at the hearing. However, DSS will restore the case to the calendar if, within fifteen calendar days of the scheduled hearing date, the program participant or their authorized representative contacts DSS and provides a good cause reason for failing to appear at the hearing.
(k)Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing.
(l)Hearing Decision. The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action.
(m)Additional appeal.
