N.Y. Comp. Codes R. & Regs. tit. 18, § 358-5.4 – Withdrawal of a request for a fair hearing. | Midpage
§ 358-5.4
N.Y. Comp. Codes R. & Regs. tit. 18, § 358-5.4
Withdrawal of a request for a fair hearing.
Department of Social Services
(a) OAH will consider a hearing request to be withdrawn under the following circumstances: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statement from the appellant or appellant's authorized representative stating that the request for a fair hearing is withdrawn; or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.