Page 64
64 2. When a hearing is requested concerning SNAP benefits and the SNAP household intends to move from the local social services district before the decision normally would be issued, priority will be given to the scheduling of the hearing, taking into account any date before which the hearing must be scheduled to allow for the appellant to receive the decision while still in the district. 3. Except as set forth in paragraph (4) of this subdivision, after a hearing which was scheduled on a priority basis as set forth above, the decision must be issued as soon as practicable. In determining the date by which the decision will be issued, consideration must be given to the nature and urgency of the appellant's situation, including any date before which the decision must be issued to allow for meaningful resolution of the issue under review. If, at the conclusion of a hearing which was scheduled on a priority basis, the hearing officer determines that the issues do not warrant continued priority processing, the hearing officer will inform the parties that the issuance of the decision will not receive priority processing. 4. When a fair hearing is requested concerning the involuntary discharge of a resident of a tier II facility after such resident requests and participates in a hearing, held by the facility or the social services district in which the facility is located, such fair hearing must be scheduled within seven working days of the request. The decision after the fair hearing must be issued within seven working days of the date of the fair hearing. (c) When a hearing is requested pursuant to 18 NYCRR 358-3.1(g) or has been given priority in accordance with 18 NYCRR 358-3.2(d), the hearing will be held within 30 days of the request, unless delayed by, or adjourned at the request of, the appellant. 18 NYCRR 358-5.3 Adjourning the fair hearing. (a) Upon request of either the appellant or a social services agency, the fair hearing may be rescheduled, upon a showing of good cause for requesting the delay. (b) When in the judgment of OAH or the hearing officer the parties' due process rights would best be served by adjourning the fair hearing, or if there are special circumstances which make proceeding with the case fundamentally unfair, OAH or the hearing officer may reschedule the fair hearing. (c) Requests to adjourn a fair hearing must be made in accordance with the instructions in the notice of fair hearing. (d) If a fair hearing is adjourned based upon a request by the appellant, the time limit set forth in 18 NYCRR 358-6.4 will be extended by the number of days the fair hearing has been postponed. (e) If public assistance, medical assistance, SNAP benefits or services are continued in accordance with 18 NYCRR 358-3.6 and the fair hearing is rescheduled for the reasons set forth in subdivision (a) or (b) of this section, an appellant has the right to have public assistance, medical assistance, SNAP benefits or services continued until the fair hearing decision is issued.