Effective immediately, the Office of Administrative Hearings (OAH) Scheduling Unit will rely solely on the agency field NYS6 to determine cases to be adjourned for Reason Code 10, OADG-10, (Administrative--Awaiting Outcome of Litigation). In the past, Scheduling Unit staff would look for F15, F63, NOHC, etc. on the calendar to ensure that the NYS6 cases were adjourned appropriately, rather than defaulted, in accordance with orders pursuant to the Varshavsky litigation relative to homebound appellants.
As a result of this change in procedure, it is important that Intake staff use the NYS6 agency field whenever issue code 997 (Varshavsky Litigation) or issue code 999 (Home Hearing Requested) is used. In the event that there are more than three agencies to be entered in the agency field, NYS6 should be entered as one of the top three agencies so that it will be reflected on the DSS-1891, with any remaining agencies entered as "Other."
Please refer to your issue codes for coding information and OAH Transmittals 95-01 and 95-04 for background on NYS6.
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