§ 5-08 Agency Review Conference and DSS Administrative Appeal Process.
RCNY § 5-08
(a)Right to DSS Administrative Review. An applicant or program participant may request an agency review conference and/or a DSS administrative hearing to seek review of any determinations or actions made by DSS under this subchapter, as well as any failures to act, or failures to act with reasonable promptness, by DSS in implementing the provisions of this subchapter.
(b)Agency Review Conference.
(1)If an individual requests an agency review conference pursuant to subdivision (a) of this section, DSS 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 an 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 an DSS administrative hearing as set forth in paragraph (2) of subdivision (c) of this section to sixty days after the date of the agency review conference.
(c)Request for a DSS Administrative Hearing.
(d)Authorized Representative.
(e)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hearing, unless the issue underlying the request for an administrative hearing has been resolved and the individual has withdrawn his or her hearing request.
(f)Examination of Case Record. The individual who has requested a conference or hearing under this section or his or her authorized representative has the right to examine the contents of his or her SOTA program case file, if one exists, and all documents and records that DSS intends to use at the administrative hearing. Upon request by telephone or in writing, DSS shall provide such individual with copies of all such documents, and copies of any additional documents in the possession of DSS that the individual identifies and requests for purposes of preparing for the administrative hearing. DSS 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, DSS must provide the individual with copies of such documents no later than at the time of the administrative hearing.
(g)Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on his or her own motion or at the request of the individual who requested the hearing or his or her authorized representative, or DSS.
(h)Conduct of Administrative Hearing.
(i)Abandonment of Request for Administrative Hearing.
(j)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.
(k)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 DSS to take specific action.
(l)Additional appeal.
