This is a reminder of a topic addressed in OAH Transmittal 98-17 issued on March 31, 1998. Once an Upstate district/NYC agency has been notified that a person or organization has been authorized as an appellant’s representative, the authorized representative must receive copies of all correspondence directed to the appellant concerning the fair hearing and any related conference. See 18 NYCRR § 358-3.9(b).
For example, when Upstate districts/NYC agencies utilize the resolution process to settle disputes for clients who have pending hearing requests, any written communication to those clients as confirmation of the appellant’s proposed withdrawal on the fair hearing issue, where a representative has been authorized, requires that a copy is also sent to such representative. This is in accordance with 18 NYCRR § 358-4.2(j).
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