N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-6.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 358-6.6 - Corrected decisions and reopened hearings

(a) Corrected decisions.

(1) The commissioner may review an issued fair hearing decision for purposes of correcting any error found in such decision.

(2) After review, the commissioner may correct any error occurring in the production of an issued fair hearing decision including, but not limited to, typographical and spelling errors.

(3) After review, on notice to the parties, the commissioner may correct any error of law or fact which is substantiated by the fair hearing record.

(4) During the pendency of any review of an issued fair hearing decision, the original decision is binding and must be complied with by the social services agency in accordance with the provisions of section 358-6.4 of this Subpart.

(b) Reopened hearings. On notice to all parties, the OAH may reopen a previously closed fair hearing record for purposes of completing such record. If such reopening occurs subsequent to the issuance of a fair hearing decision, the provisions of paragraph (a)(4) of this section apply.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-6.6