by Gene Doyle, LMSW
Under federal and state regulations, appellants are entitled to the payment or reimbursement of necessary costs and expenses related to their Fair Hearings. See 45 CFR § 205.10(b)(4); 42 CFR § 431.250(f); 18 NYCRR §§ 358-3.4(i) and 358-4.3(d). The state regulations, in effect since January 15, 1989, specify that a
"social services agency must provide necessary transportation and transportation expenses to and from the fair hearing for the appellant and appellant's representatives and witnesses and payment for appellant' s necessary child care costs and for any other necessary costs and expenditures related to the fair hearing."
Prior versions of these New York regulations also required payment or reimbursement of necessary costs and expenses related to their Fair Hearings.
From April 22, 1972 through January 14, 1989, 18 NYCRR former § 358.10 provided, in pertinent part:
If requested, necessary transportation for the appellant and his representative and witnesses, child care and other costs and expenditures reasonably related to the hearing shall be provided by the social services official.
From March 1, 1968 through April 21, 1972, 18 NYCRR former § 84.7 likewise required that
if requested, necessary transportation for the appellant and his representative and witnesses, and other costs and expenditures reasonably related to the hearing, shall be provided by the social services official.
Where a request for payment of hearing-related expenses has been denied or not acted upon by the local agency, the matter may be reviewed as a supplemental issue at the Fair Hearing. See Matter of T. C., FH #: 4446823Y (OTDA February 21, 2006).
Fair Hearing Decision Digest on Costs and Expenses Related to a Fair Hearing
The following Fair Hearing Decisions reversed determinations where a local agency denied or failed to act on requests for payment and/or reimbursement of Fair Hearing related costs and expenses.
Decisions issued since November 2010 are available through the Fair Hearing Decision Archive of the Office of Administrative Hearings (OAH).
You can also search for selected decisions in the Online Resource Center's (ORC's) Fair Hearing Bank, which requires registration. After you are registered, log in to the ORC's Fair Hearing Bank.
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