Fair Hearing Resources
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Executive Order No. 131
by Gene Doyle, LMSW On December 4, 1989, Governor Mario M. Cuomo issued Executive Order No. 131, which requires every state agency responsible for administrative adjudication to develop and implement an administrative adjudication plan by July 1, 1990. This Executive Order has been codified in...
26 Jan, 2016
Administrative Adjudication Plan of the New York State Department of Social Services (NYSDSS)
by Gene Doyle, LMSW In the January 30, 1991 edition of the New York State Register, the New York State Department of Social Services (NYSDSS) announced the developed of its Administrative Adjudication Plan in accordance with Governor Mario M. Cuomo's Executive Order No. 131. See 9 NYCRR § 4.131....
26 Jan, 2016
Biennial Reports
by Gene Doyle, LMSW Governor Mario Cuomo's Executive Order No. 131 requires state agency to file reports on their administrative adjudication plans every two years. These biennial reports must set forth "the steps taken by the agency to comply with this Order . . . [and] include statistics on...
10 Apr, 2017
New York State of Health (NYSOH) Appeal Decisions
by Gene Doyle, LMSW Since January 1, 2014, the New York State Department of Health (DOH) has administered the New York State of Health (NYSOH), a state-run health exchange (or health insurance marketplace), established under the federal Patient Protection and Affordable Care Act (ACA), also known...
29 May, 2016
Disclaimer
Disclaimer This Fair Hearing Resources website is designed to provide accurate and authoritative information in regard to the subject matter covered. It is made available online with the understanding that the author and publisher are not engaged in rendering legal, accounting or other...
23 Jan, 2016
Which Administrative Law Judge (ALJ) Will Conduct My Fair Hearing?
by Gene Doyle, LMSW At the top right hand corner of the Notice of Fair Hearing (OAH-457), i.e., the scheduling notice, there is a three digit code, which indicates the Administrative Law Judge (ALJ) who has been assigned to conduct the Fair Hearing: To look up a specific ALJ code, search the...
19 Dec, 2017
Which Commissioner's Designee Decided My Fair Hearing?
by Gene Doyle, LMSW Social Services Law § 22[2] authorizes the Commissioner to designate "one or more appropriate members of his [sic] staff to consider and decide such appeals. Any staff member so designated and authorized shall have authority to decide such appeals on behalf of the...
26 Mar, 2018
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
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
Directives in Similar Cases
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...
24 Jan, 2016
Documents Offered into Evidence
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, "Introduction of Documents" (at p. 2),...
25 Jan, 2016
Evidence Not Provided to Local Agency Prior to Fair Hearing
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
Executive Order No. 131 (9 NYCRR § 4.131)
by Gene Doyle, LMSW In a February 1, 1990 memorandum, New York State Department of Social Services (NYSDSS) General Counsel Susan V. Demers informed ALJs of Governor Mario M. Cuomo's December 4, 1989 Executive Order No. 131 [codified at 9 NYCRR § 4.131] "to ensure that the state's administrative...
25 Jan, 2016
Inadequate Notice: Threshold Issue at Fair Hearing
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, "Inadequate...
20 Mar, 2016
Independent Medical Assessment/Professional Evaluation
by Gene Doyle, LMSW A January 26, 1995 memorandum was issued to ALJs by Deputy General Counsel for Administrative Hearings Russell J. Hanks as part of the Order of Partial Settlement in Ewing v Dowling, 92-CV-6521T (W.D.N.Y. November 7, 1994). This memo provided instructions for ALJs concerning...
23 Mar, 2016
Issues for Review at Fair Hearing
by Gene Doyle, LMSW As part of the Stipulation and Order of Settlement in Meachem v Wing, 99 Civ. 4630 (S.D.N.Y. April 20, 2005), Deputy General Counsel for Administrative Hearings Russell J. Hanks issued an April 13, 2005 memorandum on "Fair Hearing Training; Meachem v Wing." Under the heading,...
24 Jan, 2016