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OAH Policies and Interpretations
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...
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24 Jul, 2020
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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...
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25 Jan, 2016
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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...
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25 Jan, 2016
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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...
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25 Jan, 2016
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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...
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25 Jan, 2016
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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...
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25 Jan, 2016
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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...
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26 Mar, 2016
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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...
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25 Jan, 2016
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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...
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25 Jan, 2016
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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...
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24 Jan, 2016
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