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Attached Document:
hanks__08-23-96_memo__hearing_decisions_.pdf
Documents : Fair Hearing Decision Drafting
August 23, 1996 Memo to ALJs from Russell J. Hanks (Hearing Decisions; Rodriguez v Blum)
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This memorandum provides Office of Administrative Hearings (OAH) guidelines to assist Administrative Law Judges (ALJs) to assist in their deliberative process, to promote statewide consistency and to provide direction for the use of the Decision Outcome, "Correct When Made."
Deputy General Counsel for Administrative Hearings Russell J. Hanks instructs ALJs, at p. 1, that
"As you are undoubtedly aware, the volume of decisions issued by our office contains a significant and increasing percentage of 'general remands' and 'Rodriguez' withdrawals. These decisions are problematical in that they create difficult compliance monitoring situations, often result in a repeat of the same action with subsequent hearing requests, and in 'general remand' cases are of increasing concern to The United States Department of Agriculture, Food and Nutrition Service (FNS).
"For these reasons it is critical that we strive to conduct hearings and issue decisions that provide specific relief, and finality, to the original hearing request."
Mr. Hanks continues, at p. 2:
"In non-notice based hearings, every effort should be made to develop a record sufficient to permit the issuance of a decision containing a specific directive.
"These approaches should improve out ability to provide specific relief to Appellants, give clearer direction to Compliance staff and address the concerns of FNS. They should also help reduce the volume of repetitive hearing requests which is critical in these times of record request level activity."
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Created: 5/30/2008
Updated: 5/31/2008
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