Fair Hearing Resources

Costs and Expenses Related to a Fair Hearing

Article ID: 43
Last updated: 03 May, 2017

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."

18 NYCRR § 358-4.3(d); accord 18 NYCRR § 358-3.4(i).

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.

Fair Hearing Related Costs and Expenses: FH #:
Child Care Costs for Appellant's Previous Fair Hearing

1084607Y

0947611M

0749686K

0559736Z

0496119P

Cost of Handwriting Expert ---

Reimbursement for Appellant's Representative

0736229R
Cost of Obtaining Agency-Requested Documents for Prior Fair Hearing: ---

Reimbursement for Appellant's Representative

5450153M
Cost of Psychological Evaluation of Appellant ---

Reimbursement for Appellant's Representative

1194883P
Cost of Service of ALJ's Subpoena: ---

Reimbursement for Appellant's Representative

1541494Q
Postage: ---

Mailing of Documents by Appellant's Representative to the Agency as Part of Briefing Schedule

4125861K

Mailing of Documents by Appellant's Representative to OAH at ALJ's Direction

5476364K

Transportation

---
   Public Transportation - Reimbursement for ---

Appellant and Representative

6219901N

1096524H

Appellant's Representative

4446823Y

Appellant's Witness

5623357K
   Airfare - Reimbursement for ---

Appellant's Witness

0953753Q
   Cab Fare - Reimbursement for ---

Homebound Appellant

0625659Z & 0625653N

0576591L & 0576959Q

   Rental Car - Reimbursement for ---

Appellant's Witness

0953753Q
   Mileage Reimbursement for ---

Appellant

5743926Z

6194152P

Appellant's Representative

0165148M

0120717K

   Parking Fees - Reimbursement for ---

Appellant

6194152P
   Transportation Reimbursement Where Previously Scheduled Fair Hearing Was Not Heard ---

Appellant and Appellant's Representative

2885835Y

Please read the Disclaimer. 

This article was:   Helpful | Not helpful Report an issue


Article ID: 43
Last updated: 03 May, 2017
Revision: 14
Views: 0
print  Print email  Subscribe email  Email to friend share  Share pool  Add to pool
Prev     Next
Administrative Stare Decisis       Directives in Similar Cases