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Attached Document:
hanks__05-01-91_memo__18_nycrr_part_358_.pdf
Documents : Evidence Not Provided to Local Agency Prior to Fair Hearing
May 1, 1991 Memo to ALJs from Russell J. Hanks (Policy Clarifications: Other Concerns)
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This memorandum sets forth Office of Administrative Hearings (OAH) policy with respect to social services districts' failures to comply with 18 NYCRR Part 358.
Under the heading, "Other Concerns," at p. 4, Acting Deputy Counsel for Fair Hearings Russell J. Hanks states that
"In some cases, an appellant will provide evidence for the first time during a hearing which was not provided to the social services district at the time the original determination was made. Where the evidence demonstrates that a determination in the appellant's favor is now appropriate, the decision should indicate that the determination of the district was correct when it was made but that new evidence now requires a different result."
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Created: 5/30/2008
Updated: 5/31/2008
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