N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-5.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 358-5.5 - Abandonment of a request for a fair hearing

(a) Except as provided in subdivision (b) of this section, OAH will consider a fair hearing request abandoned if neither the appellant nor the appellant's authorized representative appears at a fair hearing, and neither the appellant nor the appellant's authorized representative:

(1) contacts OAH to request that the fair hearing be rescheduled; and

(2) provides OAH with the good cause reason for failing to appear at the fair hearing on the scheduled date.

(b) OAH will consider a fair hearing request involving Medical Assistance abandoned if neither the appellant nor the appellant' s authorized representative appears at a fair hearing, and the requirements of subdivision (a) of this section are not met within 10 calendar days of the postmark of a letter sent to the appellant and the appellant's authorized representative inquiring whether the appellant still wants a fair hearing.

(c) OAH will reopen an abandoned fair hearing request if, within one calendar year from the scheduled date of the fair hearing, th e requirements of subdivision (a) of this section are met.

(d) If neither the appellant nor the appellant's authorized representative appears at a fair hearing that has been rescheduled or reopened pursuant to subdivision (a), (b) or (c) of this section, OAH will consider the fair hearing request abandoned and the letter described in subdivision (b) of this section will not be sent.

(e) If neither the appellant nor the appellant's authorized representative appears at a fair hearing that is subject to aid-continuing, such aid shall discontinue on the date the fair hearing request is abandoned.

(1) If the fair hearing request is thereafter reopened pursuant to subdivision (c) of this section based upon a request made within 60 days from the scheduled date of the fair hearing, aid-continuing will be restored retroactively to the date of abandonment.

(2) If the fair hearing request is thereafter reopened pursuant to subdivision (c) of this section based upon a request to do so made 60 days or more from the scheduled date of the fair hearing, aid-continuing will be restored prospectively from the date of the request to reopen.

(f) In no event will an abandoned fair hearing request be reopened if such request is made one calendar year or more from the scheduled date of the fair hearing.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-5.5

Amended New York State Register April 1, 2020/Volume XLII, Issue 13, eff. 4/1/2020