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Attached Document:
hanks__12-12-95_letter__amended_fhd-reopened_fh_.pdf
Documents : Corrected/Amended Fair Hearing Decisions
December 12, 1995 Letter to P.O.O.R. from Russell J. Hanks (Time Limit for Requesting the Issuance of Corrected or Amended Fair Hearing Decisions or for Reopening of the Fair Hearing Record)
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In this letter, Deputy General Counsel for Administrative Hearings Russell J. Hanks addresses a series of questions concerning the issuance of corrected and amended Decisions After or Without Fair Hearings under 18 NYCRR § 358-6.6(a) and the reopening of fair hearing records under 18 NYCRR § 358-6.6(b).
Mr. Hanks notes, at p. 2, ¶ 4, that these regulations do not impose any time limit for requesting the issuance of corrected/amended decisions or the reopening of fair hearing records:
"4. No time limit is specified for the Commissioner's review of a previously issued decision since such review and a determination to correct or reopen are solely within the Commissioner's discretion. The Statute of Limitations for judicial review imposed by the Civil Practice Law and Rules is a factor considered in the Commissioner's determination."
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Created: 5/30/2008
Updated: 5/31/2008
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