Pursuant to 18 NYCRR § 358-4.3(c)(1), OAH has granted a blanket waiver of personal appearance for State representatives handling requests for fair hearings on Food Stamp Notices of Action concerning the Electronic Benefit Transfer (EBT) Account Adjustment Program.
These EBT Account Adjustment hearing requests pertain to the merits of an appellant’s contention that benefits were affected as a result of an electronic malfunction at the point of service. These administrative matters are supported mainly by computer records, thereby justifying the "blanket" waiver of personal appearance.
Nevertheless, the Administrative Law Judge (ALJ) may require the testimony of the EBT Account Adjustment Program representative at the time of the hearing. A primary contact person and a designated back-up contact must be available during the course of the hearing to accept a telephone call from the ALJ. The primary and back-up contact persons' names and telephone numbers should be included with the submission of the evidentiary packet.
The EBT Account Adjustment Program representative must also mail a copy of the evidentiary packet to the appellant and/or representative so that it will be received by the appellant/representative prior to the hearing.
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