§ 455. Fair hearings.
1.Any person aggrieved by the decision of a\nsocial services official or an official of the office of children and\nfamily services not to make a payment or payments pursuant to this title\nor to make such payment or payments in an inadequate or inappropriate\namount or the failure of a social services official or an official of\nthe office of children and family services to determine an application\nunder this title within thirty days after filing, may appeal to the\noffice of children and family services which shall review the case, give\nsuch person an opportunity for a fair hearing thereon, and render its\ndecision within thirty days. The office of children and family services\nmay also, on its own motion, review any such decision made by a social\nservices off
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§ 455. Fair hearings. 1. Any person aggrieved by the decision of a\nsocial services official or an official of the office of children and\nfamily services not to make a payment or payments pursuant to this title\nor to make such payment or payments in an inadequate or inappropriate\namount or the failure of a social services official or an official of\nthe office of children and family services to determine an application\nunder this title within thirty days after filing, may appeal to the\noffice of children and family services which shall review the case, give\nsuch person an opportunity for a fair hearing thereon, and render its\ndecision within thirty days. The office of children and family services\nmay also, on its own motion, review any such decision made by a social\nservices official or any case in which a decision has not been made\nwithin the time specified. All decisions of the office of children and\nfamily services shall be binding upon the social services district\ninvolved and shall be complied with by the social services official\nthereof.\n 2. The only issues which may be raised in a fair hearing under this\nsection are (a) whether the social services official or an official of\nthe office of children and family services has improperly denied an\napplication for payments under this title, or (b) whether the social\nservices official or an official of the office of children and family\nservices has improperly discontinued payments under this title, or (c)\nwhether the social services official or an official of the office of\nchildren and family services has determined the amount of the payments\nmade or to be made in violation of the provisions of this title or the\nregulations of the office of children and family services promulgated\nhereunder, or (d) whether the social services official improperly\nrefused to certify the individual preferred by a child for certification\nas the representative payee or improperly denied a request by a child to\nrevoke the certification of a representative payee pursuant to section\nfour hundred fifty-three of this title.\n 3. When an issue is raised as to whether a social services official or\nan official of the department has improperly denied an application for\npayments under this title, the department shall affirm such denial if:\n(a) the child is not a hard to place child or a handicapped child or (b)\nthere is another approved adoptive parent or parents who is or are\nwilling to accept the placement of the child in his or their home\nwithout payment under this title within sixty days of such denial and\nplacement of the child with such other parent or parents would not be\ncontrary to the best interests of the child.\n 4. The provisions of subdivisions two and four of section twenty-two\nof this chapter shall apply to fair hearings held and appeals taken\npursuant to this section.\n