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Attached Document:
hanks__12-11-96_memo__18_nycrr_part_358_.pdf
Documents : Development of the Record - ALJ Duties
December 11, 1996 Memo to ALJs from Russell J. Hanks (Policy Clarifications: Developing the Record)
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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, "Developing the Record," at p. 2, Deputy General Counsel for Administrative Hearings Russell J. Hanks states that
"While it can be difficult to focus on its importance in light of heavy calendar assignments, the development of a completed record is an essential element of the hearing officer's responsibilities. In addition to the formal entry of documents discussed above, the hearing officer must ask questions, if necessary, to complete the record, particularly where the appellant demonstrates difficulty or inability to question a witness (See 18 NYCRR ยง358-5.6). This may involve the questioning of either party to elicit information that may not have been volunteered due to a lack of understanding of its relevance.
"The hearing officer must also consider adjourning or recessing a hearing where, in the judgment of the hearing officer, it would be prejudicial to the due process rights of the parties to go forward with the hearing on the scheduled hearing date. For example, an adjournment may be granted for an appellant to obtain additional relevant supporting documentation, where the hearing officer determines that there was a good reason for the appellant's failure to produce it at the hearing on the first scheduled date. This may include stipulations where it is found that an appellant did not know that a particular type document would have an effect on the outcome of the hearing. When such an adjournment is granted and it appears that the appellant is uncertain as to exactly what documents are needed, the hearing officer should make clear to the appellant what type of documents would be preferred forms of evidence in a particular case."
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Created: 5/30/2008
Updated: 5/31/2008
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