Fair Hearing Resources
Fair Hearing Policies and Interpretations
Aid-Continuing
by Gene Doyle, LMSW In a May 1, 1991 memorandum to ALJs, Acting Deputy Counsel for Fair Hearings, Russell J. Hanks, set forth the Office of Administrative Hearings (OAH) policy with respect to social services districts' failures to comply with 18 NYCRR Part 358. Under the heading, "Other...
25 Jan, 2016
ALJ Conduct at Fair Hearings
by Gene Doyle, LMSW In a May 1, 1991 memorandum to ALJs, Acting Deputy Counsel for Fair Hearings, Russell J. Hanks, set forth the Office of Administrative Hearings (OAH) policy with respect to social services districts' failures to comply with 18 NYCRR Part 358. Under the heading, "Other...
25 Jan, 2016
Authorization to Represent Appellants
by Gene Doyle, LMSW In a September 29, 2006 letter to People Organized for Our Rights, Inc. (P.O.O.R.), Deputy General Counsel for Administrative Hearings Russell J. Hanks clarified Office of Administrative Hearings (OAH) policy "concerning the durational validity of written authorizations of...
25 Jan, 2016
Burden of Proof
by Gene Doyle, LMSW In a December 11, 1996 memorandum to ALJs, Deputy General Counsel for Administrative Hearings Russell J. Hanks set forth OAH policy with respect to the development of an adequate Fair Hearing record and related matters. Under the heading, "Burden of Proof" (at p. 3), Mr. Hanks...
25 Jan, 2016
Case Record Production at Fair Hearings
by Gene Doyle, LMSW In a May 1, 1991 memorandum to ALJs, Acting Deputy Counsel for Fair Hearings, Russell J. Hanks, set forth the 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...
25 Jan, 2016
Copies of Hearing-Related Correspondence Must Be Sent to Appellants' Representatives
by Gene Doyle, LMSW In OAH Procedures Transmittal 98-17, dated March 31, 1998, local social services districts were reminded of their responsibility under 18 NYCRR §§ 358-3.9 and 358-4.2(j) to send copies of all correspondence relating to a conference and fair hearing to the authorized...
26 Mar, 2016
Corrected/Amended Fair Hearing Decisions
by Gene Doyle, LMSW In a December 12, 1995 Letter to People Organized for Our Rights, Inc. (P.O.O.R.), Russell J. Hanks, Deputy General Counsel for Administrative Hearings, addressed a series of questions concerning the issuance of corrected and amended Decisions After or Without Fair Hearings...
25 Jan, 2016
Credibility Determinations by ALJs
by Gene Doyle, LMSW In a December 11, 1996 memorandum to ALJs, Deputy General Counsel for Administrative Hearings Russell J. Hanks set forth OAH policy with respect to the development of an adequate Fair Hearing record and related matters. Under the heading, "Credibility" (at p. 3), Mr. Hanks...
25 Jan, 2016
Cross-Examination of Adverse Witnesses/Declarants
by Gene Doyle, LMSW A December 15, 1992 memorandum was issued to ALJs by Acting Deputy Counsel for Fair Hearings Russell J. Hanks as part of the Stipulation and Order of Settlement and Discontinuance in Chatfield v Bane, 91-CV-6310T (W.D.N.Y. August 5, 1992). This memorandum provided ALJs with...
24 Jan, 2016
Development of the Record - ALJ Duties
by Gene Doyle, LMSW In a December 11, 1996 memorandum to ALJs, Deputy General Counsel for Administrative Hearings Russell J. Hanks set forth OAH policy with respect to the development of an adequate Fair Hearing record and related matters. Under the heading, "Developing the record" (at p. 2), Mr....
25 Jan, 2016

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