Fair Hearing Resources - Glossary

• Fair Hearing
  "Fair hearing means a formal procedure provided by OAH upon a request made for an applicant or recipient to determine whether an action taken or failure to act by a social services agency was correct." 18 NYCRR § 358-2.12.
• OAH
  "Office of Administrative Hearings (OAH) means the office established in the Office of Temporary and Disability Assistance for the purpose of conducting fair hearings under this Part." 18 NYCRR § 358-2.30.
• ALJs
  Administrative Law Judges (ALJs) are also known as Hearing Officers. "Hearing officer means an attorney assigned by OAH to preside at hearings." 18 NYCRR § 358-2.13.
• social services district
  "Social services district means the county department of social services or the New York City Department of Social Services." 18 NYCRR § 358-2.22.
• timely and adequate notice
  "Timely notice means a notice which is mailed at least 10 days before the date upon which the proposed action is to become effective." 18 NYCRR § 358-2.23. Adequate notice must meet all of the requirements set forth in 18 NYCRR § 358-2.2.
• aid-continuing
  "Aid continuing means the right to have public assistance, medical assistance, food stamp benefits or services continued unchanged until the fair hearing decision is issued." 18 NYCRR § 358-2.5.
• social services agency
  "Social services agency means the State, county, city, town official or town agency, social services district, HEAP certifying agency or other entity responsible for making the determination or for the failure to act, which is the subject of review at the fair hearing." 18 NYCRR § 358-2.21.
• OTDA
  OTDA refers to the Office of Temporary and Disability Assistance of the New York State Department of Family Assistance.
• covered programs or services
  Covered programs or services means one or more of the following: family assistance, safety net assistance, medical assistance, emergency assistance to aged, blind or disabled persons, emergency assistance to needy families with children, food stamps, HEAP, and any services funded through the New York State Department of Family Assistance as defined in section 358-2.20 of this Subpart. 18 NYCRR § 358-2.9.
• Public Assistance
  "Public assistance includes family assistance and safety net assistance, emergency assistance to aged, blind or disabled persons, emergency assistance to needy families including special grants and benefits available pursuant to Part 352 of this Title and, for the purposes of this Part, refugee cash assistance issued in accordance with Part 373 of this Title." 18 NYCRR § 358-2.17.
• PA
  "Public assistance includes family assistance and safety net assistance, emergency assistance to aged, blind or disabled persons, emergency assistance to needy families including special grants and benefits available pursuant to Part 352 of this Title and, for the purposes of this Part, refugee cash assistance issued in accordance with Part 373 of this Title." 18 NYCRR § 358-2.17.
• adequate notice
  Adequate notice must meet all of the requirements set forth in 18 NYCRR § 358-2.2.
• timely notice
  "Timely notice means a notice which is mailed at least 10 days before the date upon which the proposed action is to become effective." 18 NYCRR § 358-2.23.
• Medicaid
  Medicaid refers to the Medical Assistance (MA) program. Medicaid eligibility requirements are found in 18 NYCRR Part 360. The provision of "medical care" under the Medicaid program is covered in 18 NYCRR Parts 500-542.
• SNAP
  SNAP refers to the Supplemental Nutrition Assistance Program, formerly known as the Food Stamp program. See 18 NYCRR § 387.0.
• Supplemental Nutrition Assistance Program
  The Supplemental Nutrition Assistance Program or SNAP was formerly known as the Food Stamp program. See 18 NYCRR § 387.0.
• Food Stamps
  The Food Stamp program has been renamed the Supplemental Nutrition Assistance Program (SNAP). See 18 NYCRR § 387.0.
• NYSDSS
  The New York State Department of Social Services (NYSDSS) was renamed in 1997 as the New York State Department of Family Assistance, within which were established two autonomous offices: the Office of Children and Family Services (OCFS) and the Office of Temporary and Disability Assistance (OTDA), each headed by a Commissioner, who together constitute an inter-office coordinating council. See L.1997, ch.436, part B § 122.
• FOIL
  The Freedom of Information Law (FOIL) is found in Article 6 of New York's Public Officers Law.
• DOH
  DOH refers to the New York State Department of Health.
• NYSOH
  NYSOH refers to the New York State of Health.
• Aid to Families with Dependent Children (AFDC)
  Aid to Families with Dependent Children (AFDC) was a program of cash assistance and services created by Title IV-A of the Social Security Act of 1935. See 42 U.S.C. former §§ 601-617 (1995). The AFDC program was repealed and replaced on August 21, 1996 by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), which created Block Grants for Temporary Assistance for Needy Families (TANF). See 42 U.S.C. §§ 601 et seq.
• AFDC
  Aid to Families with Dependent Children (AFDC) was a program of cash assistance and services created by Title IV-A of the Social Security Act of 1935. See 42 U.S.C. former §§ 601-617 (1995). The AFDC program was repealed and replaced on August 21, 1996 by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), which created Block Grants for Temporary Assistance for Needy Families (TANF). See 42 U.S.C. §§ 601 et seq.
• Welfare Management System (WMS)
  The Welfare Management System (WMS) is a statewide computer system which receives, maintains and processes information relating to persons who have applied for or been determined eligible for benefits under any of the programs for which OTDA has supervisory responsibilities under the Social Services Law. See Social Services Law § 21[1].
• Home Energy Assistance Program (HEAP)
  The Home Energy Assistance Program (HEAP) is "a State supervised program to assist eligible low-income households in meeting the costs of home energy," that is, "a source of heating in residential dwellings." 18 NYCRR § 393.1(a).
• MA
  MA refers to the Medical Assistance (Medicaid) program. Medicaid eligibility requirements are found in 18 NYCRR Part 360. The provision of "medical care" under the Medicaid program is covered in 18 NYCRR Parts 500-542.
   
• SSDs
  SSDs refers to social services districts, which include "the county department of social services or the New York City Department of Social Services." 18 NYCRR § 358-2.22.
• SSD
  SSD refers to a "Social services district," that is, "the county department of social services or the New York City Department of Social Services." 18 NYCRR § 358-2.22.
• Decision without a Hearing
  When there is no material issue of fact to be resolved, a decision may be issued without a hearing. See 18 NYCRR § 358-6.2.