458-F - Fair hearings. - New York Statutes

* § 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