§ 458-f. Fair hearings. 1. Any person aggrieved by the decision of a
social services official not to make a payment or payments pursuant to
this title or to make such payment or payments in an inadequate or
inappropriate amount or the failure of a social services official to
determine an application under this title within thirty days after
filing, or the failure of a social services district to agree to a
prospective successor guardian being named in an agreement or to approve
a prospective successor guardian pursuant to subparagraph (ii) of
paragraph (b) of subdivision five of section four hundred fifty-eight-b
of this title, or the decision of a social services district to
terminate an agreement pursuant to paragraph (h) of subdivision four of
section four hundred fifty-eight-b of this title, may appeal to the
office of children and family services, which shall review the case and
give such person an opportunity for a fair hearing thereon and render
its decision within thirty days. All decisions of the office of children
and family services shall be binding upon the social services district
involved and shall be complied with by the social services official
thereof.

2. The only issues which may be raised in a fair hearing under this
section are: (a) whether the social services official has improperly
denied an application for payments under this title; (b) whether the
social services official has improperly discontinued payments under this
title; (c) whether the social services official has determined the
amount of the payments made or to be made in violation of the provisions
of this title or the regulations of the office of children and family
services promulgated hereunder; (d) whether the social services official
has failed to determine an application under this title within thirty
days; (e) whether the social services official has improperly denied an
application to name a prospective successor guardian in the original
kinship guardianship assistance agreement for payments pursuant to this
title or any amendments thereto; (f) whether a social services official
has inappropriately failed to approve a prospective successor guardian;
or (g) whether a social services official has inappropriately terminated
an agreement for payments under this title.

3. The provisions of subdivisions two and four of section twenty-two
of this chapter shall apply to fair hearings held and appeals taken
pursuant to this section.