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Attached Document:
hanks__01-30-92_letter__subpoenas_.pdf
Documents : Reimbursement for Necessary FH Costs and Expenses
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
"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."
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Created: 5/31/2008
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