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Attached Document:
hanks__06-13-07_letter__code_explanations_.pdf
Documents : Pre-Hearing Disclosure of Requested Case Record Documents
June 13, 2007 Letter to P.O.O.R. from Russell J. Hanks (Pre-Hearing Request for Specifically Identified Documents: Computer Code Explanations)
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In this letter, Deputy General Counsel for Administrative Hearings Russell J. Hanks clarifies Office of Administrative Hearings (OAH) policy "as to whether a local agency has a responsibility to explain codes in computer printouts provided pursuant to 18 NYCRR §§358-3.7(b) and 358-4.2(c) and (d)."
Mr. Hanks explains that
"18 NYCRR 358-4.2(c) and (d) speak only to the requirement that the agency provide the documents that are to be submitted at the hearing, as well as any specifically identified documents from the case file. However, §358-3.7(b)(2) does provide that an appellant has the right to be provided with copies of additional specifically identified documents to assist in the preparation for a fair hearing. A reasonable interpretation of this section would require the agency to provide, on request by the appellant, a key to the codes (or similar explanatory document) for any identified computer printouts sent in response to the appellant's pre-hearing requests for documents.
"Should a district fail to comply with such a request, the matter should be brought to the attention of the administrative law judge for resolution in accordance with the provisions of 18 NYCRR §358-3.7(b)(4)."
Advocacy Tip: Pre-hearing document requests should include a sentence such as "If any of the requested documents contain any codes, please also provide an explanation of all such codes."
Note: In Matter of D. M., FH #: 4935015P (OTDA, August 6, 2008) [available by clicking here], the Fair Hearing Decision reversed a proposed discontinuance of Public Assistance and Food Stamp benefits under the court-ordered Stipulation of Settlement in Rivera v Bane, Index No. 45305/92 (Sup. Ct. New York Co. 2005), in part, because of the failure of the New York City Human Resources Administration (HRA) to provide requested explanations of computer codes contained in agency's documents. Unfortunately, the Fair Hearing Decision does not explicitly describe explanation of computer codes as one of the "specifically identified documents" that HRA failed to disclose before the hearing.
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Created: 5/31/2008
Updated: 8/13/2008
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