|
Search Keywords or type in your question (min 3 char.)
|
|
|
|
Attached Document:
_Administrative Adjudication Plan.pdf
Documents : Administrative Adjudication Plan (NYSDSS December 4, 1989)
Administrative Adjudication Plan (NYSDSS December 4, 1989)
|
On December 4, 1989, the New York State Department of Social Services (NYSDSS) developed an Administrative Adjudication Plan in accordance with Governor Cuomo's Executive Order No. 131. See 9 NYCRR ยง 4.131.
In its statement of "General Principles," this Administrative Adjudication Plan declares, at p. 1, that:
"The Department strictly enforces the prohibition against hearing officers' communicating about the merits of pending administrative hearings except upon notice and opportunity for all parties to participate. However, a hearing officer may consult on questions of law with supervisors, other hearing officers or Department attorneys who have not been engaged in the investigation or prosecution of the matters giving rise to the administrative hearing under consideration or any factually related administrative hearing. A hearing officer may also consult with supervisors, other hearing officers, support staff or stenographic reporters on ministerial matters such as the scheduling or location of a hearing.
"The Department does not consider whether a hearing officer's rulings, decisions or other actions favor any social services district, the Department or the State in establishing the hearing officer's salary, promotion, benefits, working conditions or employment opportunities. Nor does the Department establish quotas or similar expectations on this basis. The work of hearing officers is only evaluated on the following general areas of performance: competence, objectivity, fairness, productivity, diligence and temperament.
"The Department does not order or otherwise direct hearing officers to make any findings of fact, reach any conclusions of law, or make or recommend any specific dispositions of a charge, allegations, questions or issues, except by remand, reversal, or other decision on the record of the proceeding. However, supervisors may give legal advice or guidance to hearing officers when it is appropriate to assure that decisions meet the Department's quality standards and are consistent and legally sound. If a decision includes findings of fact or conclusions of law that conflict with the findings of fact, conclusions of law or recommended decision of the hearing officer, the Commissioner or his designee sets forth in writing the reasons why the conflicting decision was reached."
Under the headings, "Existing System and Required Changes," the Administrative Adjudication Plan announces, at pp. 4 and 8, that
"The only change required by the Executive Order is that in those rare when the Commissioner or his designee issues a decision that includes findings of fact or conclusions of law that conflict with the hearing officer's findings of fact, conclusions of law or recommended decision, the Commissioner or his designee will now set forth in writing the reasons why the conflicting decision was reached."
|
|
Created: 6/1/2008
Updated: 11/8/2013
|
|
