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I know what a Fair Hearing is, I know who ACS is (I used to work for them) but I don't know when ACS started holding Fair Hearings. That said, you have to exhaust all your administrative remedies before resorting to an Article 78 petition. (Meaning, you need to administratively appeal any decisions as high as you can before a court can have jurisdiction over your petition.)
If you care to share more details, perhaps I can be of more assistance.
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