N.Y. Comp. Codes R. & Regs. tit. 18 § 387.20

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

Section 387.20 - Notification of local department decisions

(a) Notification to applicants. Each applicant household shall be notified in writing of the local department's decision regarding his application.

(1) Notice of certification/acceptance. When an application for food stamps has been approved and a household is certified for participation in the food stamp program, a written notice must be sent to the household which complies with the requirements of section 358-3.3 of this Title.

(2) Notice of ineligibility/denial. When an application for food stamp benefits is denied because the household is found ineligible, a written notice of denial must be sent which complies with the requirements of section 358-3.3 of this Title.

(3) Notice of pending status. When the local department has failed to take action on an application within 30 days of the filing of the application, a notice shall be sent to the household advising them of the pending status. In situations where the household has failed to comply with program requirements, the local department shall take action as detailed in section 387.14(a)(4) of this Part prior to sending the household a notice of denial.

(4) Withdrawal of application. When a household withdraws an application, the particulars regarding the withdrawal shall be recorded in the case record. The local social services department may notify the applicant of the termination of the application. A household which voluntarily withdraws its application prior to the determination of eligibility shall not have its right to reapply at any subsequent time adversely affected by the earlier withdrawal.

(b) Notification to recipients. Each food stamp household must be notified in writing of any change, including a reduction, termination or increase of the household's food stamp benefits. The notice must comply with the requirements of section 358-3.3 of this Title.

(c) Exemptions from notice. Individual notices of proposed action are not required in the circumstances set forth in section 358-3.3(e) of this Title.

(d) Informing applicants of right to conference or fair hearing. Every applicant must be informed in writing at the time of application of:

(1) the right to an agency conference;

(2) the right to a State fair hearing;

(3) the method by which the individual may obtain a conference or hearing;

(4) the right to be represented by legal counsel, or by a relative, friend or other spokesperson, or that individual may represent himself or herself; and

(5) the community legal services available to assist that individual in the conference or fair hearing.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 387.20