|
Search Keywords or type in your question (min 3 char.)
|
|
|
|
Attached Document:
silversmith_s_10-30-97_memo__rivera_v_bane_.pdf
Documents : Pre-Hearing Disclosure of Requested Case Record Documents
October 30, 1997 Memo to ALJs from Sharon Silversmith (Rivera v Bane: Pre-Hearing Provision of Documents to New York City Appellants and Their Representatives) [Outdated: for Historical Purposes]
|
This memorandum was issued by Assistant Counsel Sharon Silversmith to inform Administrative Law Judges (ALJs) that the amendments of 18 NYCRR §§ 358-3.7(b) and 358-4.2(c) and (d), filed on October 29, 1997 and effective November 19, 1997,
"cannot be implemented in New York City until we receive relief from the order in Rivera v Bane."
"The amendments eliminate provisions which required districts to provide appellants with documents the district will present at a fair hearing or which the appellant needs for a fair hearing within three business days of the request. Instead, the new standard is that the documents have to be provided within a reasonable period of time.
"If the district fails to comply with these provisions the hearing officer may adjourn the case, allow a brief recess for the appellant to review the documents, preclude the introduction of the documents where the delay would be prejudicial to the appellant, or take other appropriate action to ensure that the appellant is not harmed by the agency's failure."
Note: The Rivera Judgment was vacated by a Stipulation of Settlement, so ordered by the court on February 22, 2005, due to the November 19, 1997 amendment of 18 NYCRR §§ 358-3.7(b) and 358-4.2(c) and (d), which replaced the original "three business day" time limit with the undefined phrase, "within a reasonable time from the date of the request."
|
|
Created: 5/31/2008
Updated: 5/31/2008
|
|
