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Attached Document:
hanks__12-11-96_memo__18_nycrr_part_358_.pdf
Documents : Credibility Determinations by ALJs
December 11, 1996 Memo to ALJs from Russell J. Hanks (Policy Clarifications: Credibility)
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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, "Credibility," at p. 3, Deputy General Counsel for Administrative Hearings Russell J. Hanks states that
"When a decision turns on the credibility of the appellant, the basis for the determination should be included in the decision as specifically as possible. For example, if the appellant's testimony is found to be vague and inconsistent, some explanation should be included to explain why it is so found. 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 uncontradicted or internally consistent."
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Created: 5/30/2008
Updated: 12/19/2011
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