N.Y. Comp. Codes R. & Regs. tit. 18 § 434.11

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

Section 434.11 - Decision after the hearing

(a) Hearing decisions must be made and issued by the commissioner or by a member of his or her staff who is designated by the commissioner to consider the record of the hearing. The decision must be based exclusively on the record of the hearing. The decision must be in writing and must describe the issues, recite the relevant facts and the pertinent provisions of law and department regulations, make appropriate findings, determine the issues, state reasons for the determination, and when appropriate, direct specific action to be taken by any of the parties to the hearing.

(b) For hearings held pursuant to section 424-a of the Social Services Law, a copy of the decision must be mailed to the appellant and his or her attorney or other designated representative within 60 days after the record is closed.

(c) For hearings held pursuant to section 422 of the Social Services Law, a copy of the decision must be mailed to the appellant and his or her attorney or other designated representative within 90 days after the record is closed.

(d) The failure of the department to issue a decision within the time period specified in subdivision (b) or (c) of this section or to mail a copy of the decision to the appellant and/or his or her attorney or other designated representative within such time period will not result in the sealing or expungement of the report maintained in the State Central Register of Child Abuse and Maltreatment.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 434.11