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Attached Document:
18_nycrr_300_5__1971_.pdf
Documents : Pre-Hearing Disclosure of Requested Policy Materials
Promulgation of 18 NYCRR § 300.5, filed May 18, 1971
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New regulations at 18 NYCRR §§ 300.3, 300.4 and 300.5 were filed with the New York State Secretary of State on May 18, 1971 by George W. Chesbro, Acting Commissioner of the New York State Department of Social Services (NYSDSS).
In a May 12, 1970 memorandum, NYSDSS Counsel Felix Infausto recommended that the Commissioner sign the proposed order to amend 18 NYCRR Part 300 because the United States Department of Health, Education and Welfare (HEW) Social and Rehabilitation Service (SRS)
"Program Regulation 10-10, dated November 14, 1970 requires the State Plan to contain a provision that program manuals and other policy issuances which affect the public, including Department Regulations and Board Rules governing eligibility be maintained in central office and in each district office of the Department for examination on regular work days by interested individuals. A new subdivision (d) is being added to Section 300.3 to provide for the availability of such materials.
"Furthermore, it is proposed to add a new section 300.5 to Part 300 of the Regulations, for the purpose of requiring that copies of agency program manuals and other public issuances be made available, upon request, without charge to custodians, such as libraries or research centers, which are centrally located and accessible to the recipient population.
"The new section also provides that specific policy manuals shall be made available, upon request, to an applicant, recipient or his representative, to assist him in preparing for a fair hearing. It further provides when a reasonable charge, related to cost, may be made to an applicant, recipient or his representative."
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Created: 6/1/2008
Updated: 6/1/2008
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