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Attached Document:
kennedy-ragule__maureen_04-04-05_letter.pdf
Documents : Pre-Hearing Disclosure of Requested Policy Materials
April 4, 2005 Letter to P.O.O.R from Maureen Kennedy-Ragule (Agency Duty to Provide Free Copies of Specific Policy Materials Upon Request to Prepare for or Determine Whether to Request a Fair Hearing)
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In this letter, Ms. Maureen Kennedy-Ragule, Chief of the Bureau of Cash Assistance of the New York State Office of Temporary and Disability Assistance (OTDA) clarifies OTDA policies concerning "access to policy documents needed to determine whether a fair hearing should be requested or to prepare for a fair hearing."
Ms. Kennedy-Ragule announces, at p. 1,
"we have begun the process of revising the fair hearing language on our CNS and manual notices, and will direct HRA to add the same language to their manual notices. We also will update the Client Informational Booklets by adding similar language to the Booklets at their next revision. Additionally, we will be addressing your concerns with HRA at our next monthly policy meeting, and will also discuss the possibility of putting their procedures on their internet for public access. Another thing that we plan to do is issue an administrative directive reminding districts of their obligations in this area and providing guidance to them."
Ms. Kennedy-Ragule clarifies, at pp. 1-2, that
"In your letter you state your concern that our interpretation of 'specific policy material' may be too narrow.We agree that a recipient or his or her representative does not have to specifically identify material by its official title or number/date. It is sufficient for the request to state a specific policy area related to the issues in the fair hearing. The request should be as concise and specific as possible. To the extent requests are voluminous and unwieldy, nobody will be well served.
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"Our interpretation of 18 NYCRR 300.5 (b) is that 'specific policy material' means State issued regulations and policy materials, as well as State approved local policies, procedures or plans. These would include such items as a district's Employment Plan, FEDS Plan, rental supplement plans, etc. These materials must be provided to recipients or their representatives fiee of charge for the purpose of determining whether a fair hearing should be requested or to prepare for a fair hearing.
"18 NYCRR 300.6 requires districts to submit to OTDA local policies and procedures which are outside of, but pertinent to, rules, regulations and procedures that are mandated or recommended by OTDA. It does not cover policies or procedures that implement State mandated or recommended rules, regulations and procedures or local operational procedures. Anything that is not a State rule, regulation, policy or State approved local policy or plan does not fall under 18 NYCRR 300.5 (b) and must be requested through the [Freedom of Information Law (FOIL)] process. If a local district does have local procedures that have not been submitted to OTDA for approval and they deviate from State regulations and policy, than those policies and procedures may be in violation of State regulations and policy."
Note: OTDA has yet to implement the changes announced in this letter, such as the revisions to the text of notices and Client Informational Booklets or the issuance of an Administrative Directive to remind social services districts of their obligations under 18 NYCRR ยง 300.5(b) and (c) and to provide them with guidance.
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Created: 6/1/2008
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