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70 (b) All provisions of this Part, which are not inconsistent with the specific provisions of this section and 18 NYCRR Part 398, shall apply to hearings conducted by telephone. (c) The hearing will be held by means other than telephone in the following circumstances: 1. when the applicant or recipient makes a request for an in-person hearing; 2. when, in the judgment of OAH or the hearing officer, a party’s due process rights would best be served by conducting a hearing in person; or 3. when, in the judgment of OAH or the hearing officer, there are circumstances presented by the appellant which make proceeding with the hearing by telephone fundamentally unfair. 18 NYCRR 358-5.13 Video hearings. (a) OAH may provide that a fair hearing held pursuant to this Part be conducted by means of video equipment. When a hearing is conducted using video equipment, the parties and the hearing officer need not be physically present at the same location. (b) All provisions of this Part, which are not inconsistent with the specific provisions of this section, shall apply to hearings conducted using video equipment. (c) An appellant who objects to OAH conducting the fair hearing by video equipment should notify OAH at the earliest possible opportunity before the time set for the hearing, but no later than at the commencement of the hearing. The request must be made in writing, in person, by video equipment, or by telephone. (d) A fair hearing, with the appellant and the hearing officer physically present at the same location, will be held in the following circumstances: 1. when, in the judgment of OAH, an appellant’s due process rights would best be served by conducting a hearing in-person; or 2. when, in the judgment of OAH, there are circumstances presented by the appellant which make proceeding with the hearing by video equipment fundamentally unfair. 18 NYCRR Subpart 358-6 Decision and Compliance 18 NYCRR 358-6.0 Introduction. All decisions of the appropriate commissioner issued after a request for fair hearing are governed by this Subpart. 18 NYCRR 358-6.1 All decisions. (a) The fair hearing decision issued by the commissioner must be based exclusively on the fair hearing record, or in the case of a decision without hearing, on the documents submitted by