N.Y. Comp. Codes R. & Regs. tit. 14 § 602.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 602.7 - Hearing procedures: audit appeal hearing

(a)Applicability.

In addition to section 602.2 of this Part, this section shall apply to hearings held pursuant to any law or regulation giving a right to a hearing before OPWDD to appeal audit findings, except that this section shall not apply to audit hearings requested pursuant to section 681.14 or 690.7 of this Title. Where a conflict exists between this section and section 602.2 of this Part, the provisions of this section shall be controlling.

(b)Hearing requests.

(1) The OPWDD's audit findings, as adjusted in accordance with the determination after administrative review, and as served on the provider, shall be deemed to be the notice of proposed action under section 602.2(a) of this Part.

(2) The audit findings shall be final, unless the provider requests a hearing in writing within 30 days of service of such findings. Such request shall be made to the commissioner.

(3) The request shall include a copy of the final audit report; a declaration of the audit findings being appealed and issues alleged to be involved; and documentation of the provider's position as to each identified issue.

(c)Determination of hearable factual issues.

(1) Only those audit findings having a fiscal impact of at least $1,000 may give rise to a hearable issue.

(2) Upon receipt of a request for a hearing, the commissioner shall forward a copy of the request to the division of the office which issued the audit findings provided for in paragraph (b)(1) of this section. Said division shall have 30 days to present written argument(s) to amend or deny any or all of the issues alleged to be involved by the party requesting the hearing. Thereafter the commissioner shall determine whether a hearable factual issue(s) is in dispute. If the commissioner determines that there is no hearable factual issue(s), he or she shall deny the request for a hearing and notify the provider of such denial. No administrative appeal shall be available from this determination.

(3) If the commissioner determines that there is a hearable factual issue(s), he or she shall issue to the parties a notice of hearing and a statement of issues.

(4) The commissioner shall consider those requests for amendments to the statement of issues which he or she receives at least seven days before prior to the initial hearing date.

(d)Burden of proof.

The provider shall present its case first. The burden of proof shall be on the provider to establish that an item, or items, contained in the final audit report, and determined by the commissioner as a hearable issue(s) are incorrect.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 602.7

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016