Fair Hearing Resources
Fair Hearing Policies and Interpretations
Pre-Hearing Disclosure of Requested Policy Materials
by Gene Doyle, LMSW On May 18, 1971, George W. Chesbro, the Acting Commissioner of the New York State Department of Social Services (NYSDSS), promulgated new regulations at 18 NYCRR §§ 300.3, 300.4 and 300.5. In a May 12, 1971 memorandum, NYSDSS Counsel Felix Infausto recommended that the...
03 Mar, 2016
Recusal of ALJs
by Gene Doyle, LMSW In a May 23, 1991 memorandum to ALJs, OAH attorney Sharon Silversmith distributed the new recusal regulations, which, as of May 29, 1991, "establish a procedure establish a procedure for the removal of hearing officers holding various types of hearings, including special...
23 Jan, 2016
Reimbursement for Necessary Fair Hearing Related Costs and Expenses
by Gene Doyle, LMSW As explained in 18 NYCRR § 358-3.4(i), "As an appellant you have the right: * * * "(i) at your request to the social services agency, to receive necessary transportation or transportation expenses to and from the fair hearing for yourself and your representatives and...
23 Jan, 2016
Subpoena Issuance by ALJs
by Gene Doyle, LMSW In a January 30, 1992 letter to People Organized for Our Rights, Inc. (P.O.O.R.), Acting Deputy Counsel Russell J. Hanks clarified Office of Administrative Hearings (OAH) policies "concerning the issuance of subpoenas at fair hearings." Mr. Hanks explained (at p. 1) that ...
24 Jan, 2016
Death of a Potential Appellant
by Gene Doyle, LMSW In a January 5, 2004 memorandum to ALJs, Deputy General Counsel for Administrative Hearings Russell J. Hanks set forth OAH policy with respect to the application of the statute of limitations (SOL) in cases where the potential appellant has died before a Fair Hearing is...
28 Apr, 2018

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