Fair Hearing Resources

OAH Policies and Interpretations

Article ID: 16
Last updated: 24 Jul, 2020

by Gene Doyle, LMSW

The Office of Administrative Hearings (OAH) has issued various memoranda and e-mails to Administrative Law Judges (ALJs) [also called Hearing Officers (HOs)] to clarify Fair Hearing policies and/or interpret state Fair Hearing regulations [18 NYCRR Part 358]. OAH administrators have also periodically responded to correspondence, which have requested clarification of specific Fair Hearing policies.

The following Fair Hearing related policy materials are available by clicking on the topics:


ALJ Conduct at Fair Hearings

Authorization to Represent Appellants

Burden of Proof

Case Record Production at Fair Hearings

Copies of Hearing-Related Correspondence Must Be Sent to Appellants' Representatives

Corrected/Amended Fair Hearing Decisions

Credibility Determinations by ALJs

Cross-Examination of Adverse Witnesses/Declarants

Deadline for Holding and Deciding Fair Hearings (no OAH policy clarifications) - Move to Litigation

Death of a Potential Appellant

Defaulting a Fair Hearing

Development of the Record - ALJ Duties

Directives in Similar Cases

Documents Offered into Evidence

Drafting a Fair Hearing Decision

Evidence Not Provided to Local Agency Prior to Fair Hearing

Executive Order No. 131 (9 NYCRR § 4.131)

Homebound Fair Hearings

Inadequate Notices - Threshold Issue at Every Fair Hearings

Independent Medical Assessment/Professional Evaluation

Issues for Review at Fair Hearings

Mailing Affidavits

Off-the-Record Conversations with ALJs

Pre-Hearing Disclosure of Local Agency Evidence Packets and/or Specifically Identified Case Record Documents Requested by Appellants or Their Representatives

Pre-Hearing Disclosure of Specific Policy Materials Requested by Appellants or Their Representatives

Recusal of ALJs

Reimbursement to Appellants for Necessary Costs and Expenses Related to Fair Hearings

Subpoena Issuance by ALJs

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Article ID: 16
Last updated: 24 Jul, 2020
Revision: 16
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