New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 9710
Executive Department
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9 NYCRR 9710.1 - Definitions
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
The definitions set forth in Part 9600 of this Title shall also apply here and, in addition, the following terms shall have the following meanings:
(a)Appellant.
An applicant or participant who requests a fair hearing shall be termed an appellant.
(b)A reconsideration is the procedure by which an applicant or participant has an action, or the failure to act, of the contractor reviewed by a contractor employee with authority to reverse the action, or failure to act.
(c)Department means the State Department of Health.
(d)Fair hearing is the procedure by which an applicant or participant may appeal from certain reconsiderations of the contractor and have a hearing thereon.
(e)Hearing officer means the person who is employed by the department exclusively to conduct fair hearings.
(f)The parties to a fair hearing shall be the appellant and the contractor whose decision after reconsideration is being reviewed.
(g)Notice of determination after reconsideration means a notice from the contractor advising an applicant or participant that the contractor has reconsidered its action, or failure to act, and the contractor intends to take, or has taken, action to discontinue, suspend, or reduce coverage.
(h)Witness means a person who presents testimony and/or documentary evidence at a fair hearing, other than the applicant, participant or his/her representative or the representative of the contractor.