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Attached Document:
89_lcm-215.pdf
Documents : Pre-Hearing Disclosure of Requested Case Record Documents
Local Commissioners Memorandum 89 LCM-215 (November 29, 1989) [Partially Outdated]
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This Local Commissioners Memorandum (LCM) addresses "concern about compliance by social services districts with the requirement of 18 NYCRR Part 358 relating to the obligation to provide the appellant and the appellant's authorized representative with copies of documents which the district intends to present at a fair hearing or with documents which the appellant or the representative have requested for the purpose of preparing for a fair hearing."
This LCM instructs, at pp. 1-2:
"I. Provision of Documents to be Presented at the Fair Hearing
"Section 358-4.2(c) provides that upon oral or written request, including request by telephone, social services districts must provide the appellant and the appellant's authorized representative with copies of the documents to be presented at the fair hearing. Such documents must be provided without charge and must be provided to the appellant and the appellant's representative by mail if the appellant or the appellant's representative requests that such documents be mailed. Copies provided under this provision must be provided within the time-frames set forth in section 358-3.7 which are described below.
"II. Provision of Documents for Fair Hearing Preparation
"Section 358-4.2(d) provides that upon oral or written request, including a request by telephone, the social services agency must provide the appellant and the appellant's authorized representative with copies of any documents from the appellant's case file which the appellant or the appellant's representative requests for the purposes of preparing for a fair hearing.
"Such documents must be provided without charge and must be provided to the appellant and the appellant's representative by mail if the appellant or the appellant's representative requests that such documents be mailed.
"Such copies must be provided within the time-frames set forth in section 358-3.7 which are described below."
Note: The section entitled, "Time-frames for Compliance for Requests for Documents" is outdated. The regulations which govern pre-hearing document requests, 18 NYCRR §§ 358-3.7(b) and 358-4.2(c) and (d), originally required local social services districts to provide free copies of requested documents within three business days of the request or at the time of the fair hearing, whichever was earlier. These regulations were amended on November 19, 1997, at which time the "three business day" time limit was replaced by the undefined phrase, "within a reasonable time from the date of the request."
This LCM remains relevant and significant insofar as it interprets 18 NYCRR §§ 358-3.7(b)(1) and (2) and 358-4.2(c) and (d) as requiring that free copies of requested documents must be provided to both "the appellant and the appellant's authorized representative."
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Created: 5/31/2008
Updated: 5/31/2008
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