State Codes and Statutes

Statutes > New-york > Sos > Article-6 > Title-10 > 458-f

* § 458-f. Fair hearings. 1. Any person aggrieved by the decision of a  social  services  official not to make a payment or payments pursuant to  this title or to make such payment  or  payments  in  an  inadequate  or  inappropriate  amount  or  the  failure of a social services official to  determine an application under  this  title  within  thirty  days  after  filing,  may appeal to the office of children and family services, which  shall review the case and give such person an  opportunity  for  a  fair  hearing  thereon  and  render  its  decision  within  thirty  days.  All  decisions of the office of children and family services shall be binding  upon the social services district involved and shall be complied with by  the social services official thereof.    2. The only issues which may be raised in a fair  hearing  under  this  section  are:  (a)  whether  the social services official has improperly  denied an application for payments under this  title;  (b)  whether  the  social services official has improperly discontinued payments under this  title;  (c)  whether  the  social  services  official has determined the  amount of the payments made or to be made in violation of the provisions  of this title or the regulations of the office of  children  and  family  services  promulgated  hereunder;  or  (d)  whether  the social services  official has failed to determine an application under this title  within  thirty days.    3.  The  provisions of subdivisions two and four of section twenty-two  of this chapter shall apply to fair  hearings  held  and  appeals  taken  pursuant to this section.    * NB  Effective  April  1,  2011  or  whenever notified by OCFS of the  amendment to state title IV-E state plan, whichever is later

State Codes and Statutes

Statutes > New-york > Sos > Article-6 > Title-10 > 458-f

* § 458-f. Fair hearings. 1. Any person aggrieved by the decision of a  social  services  official not to make a payment or payments pursuant to  this title or to make such payment  or  payments  in  an  inadequate  or  inappropriate  amount  or  the  failure of a social services official to  determine an application under  this  title  within  thirty  days  after  filing,  may appeal to the office of children and family services, which  shall review the case and give such person an  opportunity  for  a  fair  hearing  thereon  and  render  its  decision  within  thirty  days.  All  decisions of the office of children and family services shall be binding  upon the social services district involved and shall be complied with by  the social services official thereof.    2. The only issues which may be raised in a fair  hearing  under  this  section  are:  (a)  whether  the social services official has improperly  denied an application for payments under this  title;  (b)  whether  the  social services official has improperly discontinued payments under this  title;  (c)  whether  the  social  services  official has determined the  amount of the payments made or to be made in violation of the provisions  of this title or the regulations of the office of  children  and  family  services  promulgated  hereunder;  or  (d)  whether  the social services  official has failed to determine an application under this title  within  thirty days.    3.  The  provisions of subdivisions two and four of section twenty-two  of this chapter shall apply to fair  hearings  held  and  appeals  taken  pursuant to this section.    * NB  Effective  April  1,  2011  or  whenever notified by OCFS of the  amendment to state title IV-E state plan, whichever is later

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sos > Article-6 > Title-10 > 458-f

* § 458-f. Fair hearings. 1. Any person aggrieved by the decision of a  social  services  official not to make a payment or payments pursuant to  this title or to make such payment  or  payments  in  an  inadequate  or  inappropriate  amount  or  the  failure of a social services official to  determine an application under  this  title  within  thirty  days  after  filing,  may appeal to the office of children and family services, which  shall review the case and give such person an  opportunity  for  a  fair  hearing  thereon  and  render  its  decision  within  thirty  days.  All  decisions of the office of children and family services shall be binding  upon the social services district involved and shall be complied with by  the social services official thereof.    2. The only issues which may be raised in a fair  hearing  under  this  section  are:  (a)  whether  the social services official has improperly  denied an application for payments under this  title;  (b)  whether  the  social services official has improperly discontinued payments under this  title;  (c)  whether  the  social  services  official has determined the  amount of the payments made or to be made in violation of the provisions  of this title or the regulations of the office of  children  and  family  services  promulgated  hereunder;  or  (d)  whether  the social services  official has failed to determine an application under this title  within  thirty days.    3.  The  provisions of subdivisions two and four of section twenty-two  of this chapter shall apply to fair  hearings  held  and  appeals  taken  pursuant to this section.    * NB  Effective  April  1,  2011  or  whenever notified by OCFS of the  amendment to state title IV-E state plan, whichever is later