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Attached Document:
hanks__07-22-93_memo__varshavsky_v_perales_.pdf
Documents : Pre-Hearing Disclosure of Requested Case Record Documents
July 22, 1993 Memo to ALJs from Russell J. Hanks (Varshavsky v Perales: Pre-Hearing Provision of Documents to Telephone Hearing Appellants)
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This memorandum was issued by Deputy General Counsel for Administrative Hearings Russell J. Hanks to advise to Administrative Law Judges (ALJs) of a Memorandum of Understanding that has been submitted to the Appellate Division in the appeal in Varshavsky v Perales, Index No. 91-40767, Order Granting Intervention, Class Certification and Preliminary Injunctive Relief (Sup. Ct. New York Co. March 5, 1992), which ordered the provision of telephone and home hearings to a statewide class of fair hearing appellant who cannot travel to centralized hearing sites.
Mr. Hanks reminds ALJs
"of the necessity to make sure that the appellant has received a copy of the documents presented by the agency before proceeding with a telephone hearing. The appellant should also be asked if he or she requested any other documents from the agency, and whether they were received. This is especially important in light of our representations to the Court in arguing that the statutory stay of the preliminary injunction in Varshavsky should not be vacated.
"If an appellant has not received any of the documents presented by the agency at a hearing, or other relevant documents requested from the case record prior to the hearing, the matter should be adjourned, generally or to a date certain as appropriate."
Note: The March 5, 1992 Order of the lower court was subsequently affirmed by the Appellate Division. See Varshavsky v Perales, 202 A.D.2d 155, 608 N.Y.S.2d 184 (1st Dept. 1994).
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Created: 5/31/2008
Updated: 5/31/2008
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