N.Y. Social Services Law § 458-f: Fair hearings

§ 458-f. Fair hearings. 1. Any person aggrieved by the decision of a

social services official not to make a payment or payments pursuant to

this title or to make such payment or payments in an inadequate or

inappropriate amount or the failure of a social services official to

determine an application under this title within thirty days after

filing, or the failure of a social services district to agree to a

prospective successor guardian being named in an agreement or to approve

a prospective successor guardian pursuant to subparagraph (ii) of

paragraph (b) of subdivision five of section four hundred fifty-eight-b

of this title, or the decision of a social services district to

terminate an agreement pursuant to paragraph (h) of subdivision four of

section four hundred fifty-eight-b of this title, may appeal to the

office of children and family services, which shall review the case and

give such person an opportunity for a fair hearing thereon and render

its decision within thirty days. All decisions of the office of children

and family services shall be binding upon the social services district

involved and shall be complied with by the social services official

thereof.

2. The only issues which may be raised in a fair hearing under this

section are: (a) whether the social services official has improperly

denied an application for payments under this title; (b) whether the

social services official has improperly discontinued payments under this

title; (c) whether the social services official has determined the

amount of the payments made or to be made in violation of the provisions

of this title or the regulations of the office of children and family

services promulgated hereunder; (d) whether the social services official

has failed to determine an application under this title within thirty

days; (e) whether the social services official has improperly denied an

application to name a prospective successor guardian in the original

kinship guardianship assistance agreement for payments pursuant to this

title or any amendments thereto; (f) whether a social services official

has inappropriately failed to approve a prospective successor guardian;

or (g) whether a social services official has inappropriately terminated

an agreement for payments under this title.

3. The provisions of subdivisions two and four of section twenty-two

of this chapter shall apply to fair hearings held and appeals taken

pursuant to this section.