Audit Report on theTimeliness of the Human Resources Administration’s Implementation of Fair Hearing Decisions on Public Assistance and Food Stamp Cases

AUDIT REPORT IN BRIEF

This report determined whether the Human Resources Administration (HRA) implemented fair hearing decisions in a timely and accurate manner. HRA provides a wide range of social welfare benefits and services, including public assistance, food stamps, and job training services. When HRA staff determine that it is appropriate to disallow, decrease, or discontinue benefits to public assistance and food stamp applicants and recipients, these individuals may request fair hearings on such determinations. A fair hearing is an opportunity for recipients of public assistance or food stamp benefits to appeal their case to an administrative law judge (ALJ) of the New York State Office of Temporary and Disability Assistance (OTDA). At the hearings, the applicants or recipients can explain why they think HRA’s decisions on their cases were incorrect. HRA’s objective is to ensure implementation of 90 percent of public assistance fair hearing decisions within 30 days and 90 percent of food stamp fair hearing decisions within 15 days.

Audit Findings and Conclusions

HRA’s implementation of fair hearing decisions for public assistance and food stamp recipients in Fiscal Year 2004 was adequate in terms of timeliness and accuracy. In our sample reviews, 90 percent of public assistance fair hearing decisions were implemented within HRA’s 30-day timeframe and 100 percent of food stamp decisions were implemented within HRA’s 15-day timeframe. In addition, HRA accurately implemented 95 percent of the decisions in our sample. However, HRA’s 15-day timeframe for the implementation of food stamp decisions conflicts with the State standard that requires a 10-day timeframe. HRA also lacks a written procedure to ensure that certain retroactive payments are made when recipients requalify for benefits. Finally, HRA’s annual compliance report on the timeliness of decision implementations was not fully supported by the daily tally sheets.

Audit Recommendations

The audit recommended that HRA:

• Continue to improve its efforts to implement fair hearing decisions in a timely and accurate manner.
• Establish written criteria to guide its efforts to carry out overdue decision implementations within a reasonable time.
• Prepare a written procedure to ensure that retroactive payments ordered by ALJs are paid upon a recipient’s reinstatement in the public assistance or food stamp program.
• Follow the State standard that requires fair hearing decisions favorable to food stamp beneficiaries to be implemented within 10 days.
• Ensure that it maintains all of the daily tally sheets upon which its annual compliance report is based.

HRA Response

On May 19, 2005 , we submitted a draft report to HRA officials with a request for comments. We received a written response from HRA on June 10, 2005 . In its response, HRA officials agreed with all of the audit’s findings and recommendations.