Page 62
62 v. a brief description of the facts, evidence and reasons supporting such determination, including identification of the specific provisions of law, regulations and approved local policies which support the action; vi. the relevant budget or budgets prepared by the social services agency for the appellant or the household of such appellant, including printouts of relevant budgets produced on the Welfare Management System (WMS); and, vii. a copy of the applicable action taken notice, adverse action notice, expiration notice or notice of action, including any notices produced on the client notices system. 3. have the authority to make binding decisions at the hearing on behalf of the social services agency, including the authority to withdraw the action or otherwise settle the case. (c) 1. No later than five calendar days before the hearing date, the social services agency may make application to the OAH to appear at a hearing on papers only. The OAH may approve such application in its discretion where the rights of the appellant can be protected and the personal appearance of the agency is neither feasible nor necessary. 2. Notwithstanding paragraph (1) of this subdivision, a hearing officer may require the appearance of a representative of a social services agency where such appearance is necessary to protect the due process rights of the appellant. (d) Upon request of the appellant, the social services agency must provide necessary transportation and transportation expenses to and from the fair hearing for the appellant and appellant's representatives and witnesses and payment for appellant’s necessary child care costs and for any other necessary costs and expenditures related to the fair hearing. (e) Social services agencies have those hearing rights which appellants have as set forth in 18 NYCRR 358-3.4(d) (adjournment), 18 NYCRR 358-3.4(e) (representation), 18 NYCRR 358- 3.4(g) (present evidence, question witnesses, examine documents), and 18 NYCRR 358- 3.4(h) (bring witnesses) and 18 NYCRR 358-3.4(k) (removal of hearing officer). 18 NYCRR 358-4.4 Compliance with fair hearing decision. A social services agency must comply with fair hearing decisions in accordance with 18 NYCRR 358-6.4. 18 NYCRR Subpart 358-5 The Fair Hearing Process 18 NYCRR 358-5.0 Introduction. The fair hearing process is governed by this Subpart. 18 NYCRR 358-5.1 Notice of fair hearing.