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Attached Document:
hanks__12-11-96_memo__18_nycrr_part_358_.pdf
Documents : ALJ Conduct at Fair Hearings
December 11, 1996 Memo to ALJs from Russell J. Hanks (Policy Clarifications: Other Concerns)
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This memorandum sets forth Office of Administrative Hearings (OAH) policy with respect to the development of an adequate hearing record and related matters.
Under the heading, "Other Concerns," at p. 3, Deputy General Counsel for Administrative Hearings Russell J. Hanks states that
"Hearing officers must always demonstrate appropriate demeanor and maintain, and appear to maintain, their impartiality prior to, during, and after hearings. This includes avoiding ex-parte conversations with either the agency or the appellant, or suggesting to the parties how the case may be decided. Off-the-record discussions should also be avoided; where such discussions do take place, a precise summary of the conversation should be stated for the record, and agreed upon by the parties, before proceeding. A simpler method would be to leave the tape recorder running at all times. Cassette tapes are cheaper than litigation losses due to incomplete records, and no time need be spent summarizing off the record activity."
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Created: 5/30/2008
Updated: 6/1/2008
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