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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 representative of the appellant.

OAH Procedures Transmittal 05-03, dated February 10, 2005, reiterated OAH Procedures Transmittal 98-17 by reminding local social services districts that

"Once an Upstate district/NYC agency has been notified that a person or organization has been authorized as an appellant’s representative, the authorized representative must receive copies of all correspondence directed to the appellant concerning the fair hearing and any related conference. [See 18 NYCRR Section 358-3.9(b)].

"For example, when Upstate districts/NYC agencies utilize the resolution process to settle disputes for clients who have pending hearing requests, any written communication to those clients as confirmation of the appellant’s proposed withdrawal on the fair hearing issue, where a representative has been authorized, requires that a copy is also sent to such representative. This is in accordance with 18 NYCRR Section 358-4.2(j)"(emphasis supplied).

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