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Attached Document:
hanks__05-01-91_memo__18_nycrr_part_358_.pdf
Documents : Fair Hearing Decision Drafting
May 1, 1991 Memo to ALJs from Russell J. Hanks (Policy Clarifications: Failure to Produce Case Files at Hearings: Specific Relief and Time Limits)
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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, "Failure to Produce Case Files at Hearings," at p. 3, Acting Deputy Counsel for Fair Hearings Russell J. Hanks states that
"When a recess or adjournment is not appropriate (e.g., emergency assistance issues, certain non-aid-continuing cases), the hearing officer must elicit the appellant's testimony and other evidence and, to the extent possible, make specific directives in the decision. The hearing officer must rely on the appellant's credible testimony and direct specific relief consistent with this evidence. In those cases in which it is necessary to remand to the social services district for reconsideration or other action, the hearing officer must direct the district to act within a limited, specified time period (e.g., recompute eligibility and send appropriate notice within 10 days)."
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Created: 5/30/2008
Updated: 5/31/2008
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