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Attached Document:
hanks__12-11-96_memo__18_nycrr_part_358_.pdf
Documents : Burden of Proof
December 11, 1996 Memo to ALJs from Russell J. Hanks (Policy Clarifications: Burden of Proof)
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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, "Burden of Proof," at p. 3, Deputy General Counsel for Administrative Hearings Russell J. Hanks states that
"18 NYCRR ยง358-5.9 provides that the social services agency has the burden of establishing that its determination was correct where the issue for the hearing involves the discontinuance, reduction or suspension of benefits or services. To meet its burden of proof, the agency must establish facts in support of the basis for the action as stated in the notice of discontinuance or reduction. For example, where the agency had determined to impose a sanction for failure to comply with work rules, the agency must produce evidence establishing the evidence of the appellant's willful failure to cooperate without good cause, or its determination cannot be affirmed.
"The burden is on the appellant to establish that a denial of benefits was incorrect, or that the benefit level determined by the agency is inadequate. When an appellant claims, for instance, that his or her benefits have been inadequate for a long period of time (e.g., 'since 1992'), the appellant should be questioned as to exactly how the assistance was inadequate, rather than requiring the agency's to establish that it was."
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Created: 5/30/2008
Updated: 6/1/2008
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