N.Y. Comp. Codes R. & Regs. tit. 18 § 393.5

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

Section 393.5 - Decisions, appeal and fair hearing

(a) Determinations of eligibility on applications for regular benefits must be made within 30 business days after the filing of such application. Determinations of eligibility for emergency benefits must be made expeditiously so as to protect the health and safety of the applicant household. Some form of assistance to resolve the energy crisis must be provided to an eligible household in a life-threatening situation no later than 18 hours after the filing of a completed application or within 48 house if the household is not in a life threatening situation. The date of filing an application is the date of receipt by a designated county certifier of a signed, completed application on the State-prescribed form. The applicant must be promptly notified of the determination in writing.

(b) If during the designated period of time for accepting applications, a district exhausts its allocation of Federal funds, the following actions shall be taken:

(1) Denial notices shall be issued to those applicants who fail to meet the eligibility requirements of the program.

(2) Notices of determination must be issued to those applicants eligible for the program but for whom Federal funds are unavailable. Such notice must be adequate as defined in Part 358 of this Title.

(3) Should additional Federal funds become available to the district, those applicants in receipt of a notice of determination shall receive priority processing based upon the initial date of receipt of their completed application by a designated county certifier.

(c) An applicant or recipient of HEAP must be informed of the right to request a fair hearing when the application has not been acted upon within 30 business days or the application is denied or the grant is deemed inadequate.

(d) Whenever an application has been denied, the department's written notice of final action must be adequate as defined in Part 358 of this Title.

(e) Hearings provided for under this section must be requested no later than 60 days after the mailing of the notice. Notwithstanding the provisions of this Part and Part 358 of this Title, no person shall be certified as eligible to receive a HEAP benefit as a result of a fair hearing if no Federal funds are available for such purpose. Federal funds are available for the provision of a HEAP benefit until the end of the Federal fiscal year succeeding the end of the HEAP program year for which such benefit is claimed. The issuance of a HEAP benefit in compliance with a fair hearing decision can only be provided if the hearing request is made during the period of time when Federal funds are available.

(f) The hearing must comply with the requirements of Part 358 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 393.5