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Attached Document:
hanks__12-11-96_memo__18_nycrr_part_358_.pdf
Documents : Documents Offered into Evidence
December 11, 1996 Memo to ALJs from Russell J. Hanks (Policy Clarifications: Introduction of Documents)
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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, "Introduction of Documents," at p. 2, Deputy General Counsel for Administrative Hearings Russell J. Hanks states that
"When documents are introduced at a hearing, by the agency or by the appellant, it is important that they be identified, marked, and verbally noted as they are entered into the record. Each page of the agency's packet should be marked in case the pages should become separated. (The exhibit number or letter should be the only mark made on a submitted document, any other notations made by the hearing officer serve only to compromise the integrity of the document). The hearing officer should ensure that all parties have had an opportunity to see the documents introduced before proceeding. Where the documents have not been seen previously, a brief recess or an adjournment may be necessary, as the hearing officer deems appropriate. This approach is limited in New York City by the decision in Rivera, which requires that if documents or evidentiary packages are not sent out timely where requested, the notice of intent must be withdrawn.
"The hearing officer also should ensure that the appellant is given a reasonable opportunity to question the agency representative concerning any documents that the social services district seeks to introduce, and to state any objections to the introduction of such evidence. The agency also should be given the opportunity to question the appellant concerning any documents introduced by the appellant at the hearing."
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Created: 5/30/2008
Updated: 5/31/2008
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