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Attached Document:
hanks__01-30-92_letter__subpoenas_.pdf
Documents : Subpoena Issuance by ALJs
January 30, 1992 Letter to P.O.O.R. from Russell J. Hanks (ALJ Issuance of Subpoenas at Fair Hearings)
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In this letter, Acting Deputy Counsel for Fair Hearings Russell J. Hanks clarifies Office of Administrative Hearings (OAH) policies "concerning the issuance of subpoenas at fair hearings."
Mr. Hanks explains, at p. 1, that
"As you are aware, Department regulations at 18 NYCRR 358-5.6(b)(8) authorize the hearing officer, in his or her discretion, to issue subpoenas and/or require the attendance of witnesses and the production of documents at hearings when this is necessary to develop a complete evidentiary record. Since it is the hearing officer's responsibility to ensure that the hearing record is complete, he or she is the only person at the hearing authorized to determine whether the issuance of a subpoena is necessary.
"If the hearing officer determines that the issuance of a subpoena is necessary and appropriate, he or she will sign a form subpoena which the Department has available for this purpose. It is the appellant's responsibility, however, for the service of this subpoena. If fees are incurred for service, such fees should be requested from the local agency pursuant to 18 NYCRR 358-4.3(d), which provides that the social services agency must provide for any necessary costs and expenditures related to the fair hearing. If the agency denies the request, this determination can be included as an issue for the fair hearing or can be the subject of another fair hearing, as appropriate.
"With respect to the enforcement of a subpoena issued by a hearing officer, this Department does not currently possess sufficient resources or staffing for this purpose. Therefore, in accordance with Section 2308(b) of the Civil Practice Law and Rules, it must be the responsibility of the appellant, as the person on whose behalf the subpoena was issued, to obtain judicial enforcement."
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Created: 5/31/2008
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