N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-5.4

Current through Register Vol. 46, No. 42, October 16, 2024

Section 358-5.4 - Withdrawal of a request for a fair hearing

(a) OAH will consider a hearing request to be withdrawn under the following circumstances:

(1) OAH has received a written statement from the appellant or appellant's authorized representative stating that the request for a fair hearing is withdrawn; or

(2) the appellant or appellant's authorized representative has made a statement withdrawing the request to the hearing officer on the record at the hearing.

(b) An oral statement by telephone or in person to a social services agency employee that an appellant is withdrawing a request for a fair hearing is insufficient to withdraw a fair hearing request.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-5.4