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45 (h) You have a right to a fair hearing if you are a resident of a shelter for families as defined in section 900.2 of this Title and you have been involuntarily discharged from the shelter after having requested and participated in a hearing, held by the facility or by the social services district in which the facility is located, to determine whether you should be involuntarily discharged. If you do not request and participate in such a hearing you do not have a right to a fair hearing. You also do not have a right to a hearing under this Part if the basis for the discharge is that you are or a family member is no longer medically appropriate to reside in the facility, as determined by qualified medical personnel, you or a family member's temporary housing assistance has been discontinued pursuant to the provisions of 18 NYCRR section 352.35 or, you have or a family member has been absent from the facility for more than 48 hours without having complied with the facility's rules concerning absence and you have not or the family member has not been readmitted to the facility. 18 NYCRR 358-3.2 Right to priority in hearing and determination. Priority in scheduling of your hearing and determination will be provided when: (a) you are an applicant for emergency assistance to needy families with children, emergency assistance to aged, blind or disabled persons or emergency safety net assistance and you are appealing the denial of such benefits; or (b) your circumstances warrant priority in scheduling and your hearing is being scheduled because you have: 1. no food; or 2. no shelter, or your shelter is imminently about to be lost or terminated; or 3. an inadequate or inappropriate emergency shelter placement; or 4. an eviction/dispossess notice; or 5. no fuel for heat during the cold weather period; or 6. a utility disconnect scheduled for a specific date; or 7. a utility shut-off; or 8. need for rental security deposit, broker's fee and/or first month's rent, if necessary to obtain permanent housing, and failure to expedite processing will lead to loss of such housing; or 9. urgent need for medical care, services or supplies; or 10. a denial or discontinuance of or inadequate personal care services; or 11. a denial or discontinuance of or inadequate adult protective services; or 12. been involuntarily discharged from a tier II facility as defined in 18 NYCRR Part 900 and you requested and participated in a hearing, held by the facility or by the social services district in which the facility is located, to determine whether you should be involuntarily discharged; or 13. any other problem which is determined at the commissioner’s discretion, to be an appropriate subject for priority processing and which presents a crisis situation or a threat to your health and safety or that of your family; or