The NYC Reopen and Reopen Denial Procedures enumerated in OAH Transmittals 95-21 and 95-22 have been revised to incorporate procedural changes brought about by the electronic modification process. This revision will also serve to clarify the use of the Reopen Denial Codes used to generate the script for the Reopen Denial letters that are mailed to appellants and tie them to the Disposition Reason Codes 95, 96, 97, and 98. This transmittal, therefore, replaces OAH Transmittals 95-21 and 95-22.
When it has been determined by the Reviewer that the request for a reopened fair hearing is denied, the procedures are as follows:
1. The Reviewer accesses the Fair Hearing Information System (FHIS) and, at the FHIS menu, enters selection "03" (for PFHMOD Modification) and the fair hearing number which will bring the Reviewer to the Modification screen. The Reviewer enters "RPDN" to signify Reopen Denied, enters the appropriate Disposition Reason Code (see below), corrects the Disposition Date to the current day's date, enters the Scheduling Status "Z", and transmits to the Comment Information Screen (PFREQ3).
2. In Comments, the Reviewer enters a brief but clear description of why the reopen request is being denied, the date the client contacted this office and the Reviewer's initials.
3. The Reviewer notes in the Disposition field on the DSS-2846 "DENY" next to "REOP, the appropriate Disposition Reason Code, and his or her initials. The Reviewer also places one of the following reopen denial codes to be used to generate the scripted reopen denial letter, in the upper left-hand corner of the DSS-2846.
Reopen Denial Code
| Reason
| Disposition Reason Code
| | NGC | Not Good Cause (Within 15 Days) | 95
| NGC
| Not Good Cause (Within 45 Days) when the appellant claims no notice and is found not to be credible OR it appears that the appellant knew the FH date) | 97
| | DATE | Forgot or Mistook the Date (Within 15 Days)
| 95
| | 15D | Requested Beyond 15 Days (Not within 15 Days)
| 96
| PREV
| Previously Advised That No Further Adjournments Would Be Granted (Appears that the appellant was previously advised that no further adjournments would be granted)
| 97
| 45D
| Requested Beyond 45 Days (Not within 45 Days)
| 98
| | IN | Insufficient Reason [for use by Correspondence Unit only]
| | | NR | No Reason [for use by Correspondence Unit only] | |
For reopen requests received between 15-45 days from the hearing date where the client claims non-receipt of notice, the Reviewer checks the Message field for the language "457 returned to OAH" and reopens the hearing if the notice was returned. If the notice was NOT returned to OAH, and the appellant is not otherwise credible in terms of nonreceipt of the notice, the reopen request is denied and Reopen Denial Code "NGC" and Disposition Code 97 is utilized.
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