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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 9. Executive Department |
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Subtitle KK. Program for Elderly Pharmaceutical Insurance Coverage |
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Part 9720. Rights and Obligations of the Applicant/Participant |
Sec. 9720.5. Rights in fair hearing process
Latest version.
- When an applicant or participant requests a fair hearing, he/she becomes the appellant and has the right to:(a) examine his/her file and receive copies of documents in the file needed to prepare for the fair hearing;(b) examine and receive copies of all documents and records which will be submitted into evidence at the fair hearing by the contractor;(c) reschedule the hearing (adjournment);(d) be represented by an attorney or other representative or to represent himself/herself;(e) have an interpreter, at no charge, if he/she does not speak English or is deaf (the appellant must advise the department prior to the hearing if an interpreter will be needed); and(f) have witnesses present written and oral evidence to explain why action taken was wrong.