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Attached Document:
hanks__05-01-91_memo__18_nycrr_part_358_.pdf
Documents : Pre-Hearing Disclosure of Requested Case Record Documents
May 1, 1991 Memo to ALJs from Russell J. Hanks (Policy Clarifications: Failure to Provide Requested Documents Before Hearing)
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This memorandum sets forth Office of Administrative Hearings (OAH) policy with respect to social services districts' failures to comply with 18 NYCRR Part 358.
Under the heading, "Failure to Provide Requested Documents Before Hearings," at pp. 2-3, Acting Deputy Counsel for Fair Hearings Russell J. Hanks explains that
"18 NYCRR Section 358-4.2(c) requires a social services district, upon request, to 'provide to the appellant or appellant's representative copies of the documents to be presented at the fair hearing.' Subsection (d) imposes a similar requirement for 'copies of any documents from appellant's case file which the appellant requests for purposes of hearing preparation.' Social services districts were reminded of their obligations in this regard in 89 LCM-215. When a social services district fails to comply with 18 NYCRR Section 358-4.2, the hearing officer must ensure that the appellant is not disadvantaged. This means not only requiring the district to provide the appropriate documents but also giving the appellant time to review them. The hearing officer can order a short or long recess or an adjournment and direct the social services district to obtain the requested documents. In appropriate circumstances, the hearing officer should preclude the district from submitting the documents into evidence."
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Created: 5/31/2008
Updated: 5/31/2008
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