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Home Energy Assistance Program (HEAP)

Rights

Applications Rights

You have the right to be told if your application is approved or denied within sixty (60) days of the date that the HEAP certifier receives your complete and signed application. You have the right to request a conference and/or a fair hearing if you have not been told if your HEAP application is approved or denied and it has been more than sixty (60) days since the date the HEAP certifier received your complete and signed application.

If you want a conference, you should ask for one as soon as possible. At the conference, if we discover that we made a wrong decision or if, because of information you provided, we determine to change our decision, we will take corrective action. You may ask for a conference by calling us at (212) 442-3037 or by sending a written request to us at:

DFTA/HEAP
2 Lafayette Street, 16th Floor
New York, NY 10007
Attention: Fair Hearing Officer

If you are not satisfied with the results of your conference you can still request a fair hearing from the New York State Department of Social Services by:

Telephoning, toll-free 1-800-342-3334 or

Writing to:

Energy Fair Hearing Section
New York State Department of
Social Services
40 North Pearl Street
Albany, NY 12243

If you request a fair hearing, the State will send you a notice of the time and place of the hearing. You have the right to be represented by legal counsel, a relative, a friend or other person, or to represent yourself. At the hearing you, your attorney or representative will have the opportunity to present written and oral evidence to demonstrate why the decision should be changed, as well as the opportunity to question any person who appears at the hearing. Also you have the right to bring witnesses to speak in your favor. You should bring to the hearing any document that may be helpful in presenting your case.

LEGAL ASSISTANCE: If you need free legal assistance you may be able to obtain such assistance by contacting your local Legal Aid Society or other legal advocate group. You may locate the nearest Legal Aid Society or advocate group by checking the Yellow Pages under "LAWYERS” or by calling DFTA's Information & Referral at (212) 442-1000.

ACCESS to RECORDS/INFORMATION: You have the right to review your case record. Upon your request, you have the right to free copies of documents which you will present in evidence at the fair hearing. Also, upon request, you have the right to free copies of other documents from your case record which you need for your fair hearing. To request such documents or to find out how you may review your case record, call (212) 442-3037, or send a written request to:

DFTA/HEAP
2 Lafayette Street - 16th Floor
New York, NY 10007
Attention: Fair Hearing Officer

If you want additional information about your case, the procedure for requesting a fair hearing or to gain access to your case file, and/or additional copies of documents, you may call (212) 442-3037 or write us at:

DFTA/HEAP 2 Lafayette Street - 16th Floor
New York, NY 10007
Attn: Fair Hearing Officer

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