2010 New York Code
SOS - Social Services
Article 5 - ASSISTANCE AND CARE
Title 1 - (131 - 152-B) GENERAL PROVISIONS
134-A - Conduct of investigation.

§  134-a.  Conduct of investigation. 1. In accordance with regulations
  of  the  department  of  family   assistance,   any   investigation   or
  reinvestigation  of  eligibility  for  public assistance and care, other
  than medical assistance, shall be limited to  those  factors  reasonably
  necessary to insure that expenditures shall be in accord with applicable
  provisions  of  this  chapter  and the regulations of the department and
  shall be conducted in such manner so as not to violate any  civil  right
  of  the applicant or recipient. Such regulations of the department shall
  provide that where inconsistencies and gaps in the information presented
  by a recipient or where other circumstances in the particular case would
  indicate to a prudent person,  that  further  inquiry  should  be  made,
  additional necessary information is to be sought except further that the
  department  shall  provide  by  regulations  which  are  consistent with
  federal law for matching of data supplied by or  about  recipients  with
  information  contained in the wage reporting system established pursuant
  to section one hundred seventy-one-a of the tax law and similar  systems
  in  other  geographically  contiguous states, and such regulations shall
  further provide to the extent mandated by federal law for matching  with
  the  non-wage  income  file  maintained  by  the  United States internal
  revenue service, with the benefits and earnings data exchange maintained
  by the United States department of health and human services,  and  with
  the  unemployment  insurance benefits file. In making such investigation
  or  reinvestigation,  sources  of  information,   other   than   records
  maintained  by  a  public  agency,  shall  be  consulted  only  with the
  permission of the applicant or recipient. However, if such permission is
  not granted by  the  applicant  or  recipient,  the  appropriate  social
  services  official may deny, suspend or discontinue public assistance or
  care until such time as he may  be  satisfied  that  such  applicant  or
  recipient  is  eligible  therefor.  Nothing  in  this  section  shall be
  construed to prohibit  activities  the  department  reasonably  believes
  necessary  to  conform  with  Federal  requirements  under  section  one
  thousand one hundred  thirty-seven  of  the  social  security  act.  The
  activities  authorized by this section may be initiated only with regard
  to those clients who have been given appropriate notice of  verification
  activity under article six-A of the public officers law.
    2. At the time he applies for public assistance and care, an applicant
  shall,  as  a  condition  of  receiving  such  aid, present proof of his
  identity to the social  services  official  as  the  department  may  by
  regulation  require, and he shall provide such proof thereafter whenever
  required by such official.
    3. The social services official shall require  that  persons  applying
  for or receiving public assistance and care be interviewed personally at
  a  time  and  in a manner provided by the regulations of the department.
  Applicants or recipients shall be  excused  from  such  requirements  to
  avoid  hardship,  as  defined by regulations of the department. Hardship
  shall include but not be limited to circumstances  including  infirmity,
  serious illness or physical disability.
    4.   Notwithstanding   any  other  provisions  of  this  chapter,  the
  department may provide for a comparison  of  information  identifying  a
  recipient  of  benefits  under any program authorized under this chapter
  with identifying information possessed by state agencies in other states
  administering programs similar  to  those  authorized  by  this  chapter
  regarding  recipients  of  such  programs.  Such  a  comparison shall be
  authorized only with regard to clients  who  have  received  appropriate
  notice  under the personal privacy protection law, which notice shall be
  deemed compliance  with  the  provisions  of  subdivision  one  of  this
  section.  Should the comparison of identifying information indicate that
  the client in question is or has been simultaneously receiving  benefits

in  both  states,  the  department  may,  in  its  discretion, authorize
  exchange of income, benefit, and other case information with  the  state
  agency of the other state.
    5. The social services official upon receipt of information concerning
  a  sentence  of  imprisonment  imposed  upon  a  person receiving public
  assistance shall make a reinvestigation of eligibility.