This CLE course for ALJs was conducted as part of the settlement of a class action brought by New York City recipients who request fair hearings to contest the reduction or discontinuance of their Public Assistance (PA), Medical Assistance (MA) and/or Food Stamp (FS) benefits for failing to respond to a prior letter, notice, or any other mailing from the New York City Human Resources Administration (HRA) scheduling an appointment or otherwise requiring some other action by the recipient. See Meachem v Wing, 99 Civ. 4630, Stipulation and Order of Settlement (S.D.N.Y. April 20, 2005).
"This course is designed to improve hearing officer performance through an increased awareness of recent court decisions and settlements addressing procedural due process requirements at administrative hearings. There will be discussion of the various procedural due process requirements as they arise in the context of cases addressing the issue of proof of mailing, as raised in the federal class action, Meachem v. Wing, 99 Civ. 4630. This course will address the proper means of conducting an OTDA administrative hearing, including, among other matters, making an opening statement, identifying parties on the record, taking evidence and developing the record, subpoenas, adjournments and handling proof of mailing issues."
This CLE course for ALJs encompassed the following subjects:
Holding the Best Possible Hearing
A. Recording the hearing
B. Opening statement
C. Parties
D. Developing the record
E. General hearing management
F. Closing the hearing
G. Shepherding the file
Proof of Mailing: Discussion of the Issue and its Disposition
A. Identification of proof of mailing cases B. When do issues related to proof of mailing arise? C. How is proof of mailing established? 1. Agency's presentation a. Affidavits
b. Direct testimony
c. Client Notice System mailings
2. Appellant's rebuttal D. Evaluating the evidence E. "Discussion" section of the decision
A. Non-variables
B. Issue(s) for review
C. Facts
D. Law
E. Discussion
F. Decretal
The CLE materials include a summary of the following "Due Process Cases:"
• Roche v. Turner, 186 Misc2d 581, (New York Supreme, 2000)
• Earl v Turner, 303 A.D.2d 282, (App. Div. 1st Dept., 2003)
• Lizotte v Johnson, 4 Misc 3d 334, (New York Supreme, 2004)
• Kassler v Wing, 239 AD2d 583, (App. Div. 2nd Dept., 1997)
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