This memorandum was issued by Russell J. Hanks, Deputy General Counsel for Administrative Hearings, as part of the Stipulation and Order of Settlement in Meachem v Wing, 99 Civ. 4630 (S.D.N.Y. April 20, 2005).
Under the heading "Fair Hearing Decisions," at p. 2, Mr. Hanks instructed:
"When a decision adverse to the appellant turns on the credibility of the appellant, the basis for the determination should be included in the decision. Please note that the lack of documentary evidence is not a per se basis for finding an appellant's testimony incredible. A hearing officer may find uncorroborated testimony to be credible, especially when it is found to be uncontradicted or internally consistent."
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