This memorandum was issued by Supervising Administrative Law Judge Jim Ryan in accordance with the Stipulation of Settlement and
Order of Discontinuance in Merced v. Albany County Department of Social Services et al., 07-CV-1348 (N.D.N.Y. June 19, 2009).
Attached to this June 26, 2009 memo is the December 15, 1992 memo that had been issued to ALJs in accordance with the settlement of Chatfield v Bane, 91-CV-6310T (W.D.N.Y. August 5, 1992).
The June 26, 2009 memo reiterates that the December 15, 1992 Chatfield memo
provides instructions to the Hearing Officers about the requirements in federal regulations to provide the Appellant, or their representative, an adequate opportunity to question or refute any testimony or evidence and to confront and cross-examine adverse witnesses. Specifically, the transmittal discusses the situation where an adverse witness’ statement is submitted in the form of a document or testimony from another witness and the individual is not present at the hearing for purposes of cross-examination.
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