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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...
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28 Apr, 2018
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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....
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25 Jan, 2016
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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...
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24 Jan, 2016
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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),...
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25 Jan, 2016
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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...
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25 Jan, 2016
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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...
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25 Jan, 2016
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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...
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20 Mar, 2016
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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...
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23 Mar, 2016
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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,...
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24 Jan, 2016
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Mailing Affidavits
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...
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24 Jan, 2016
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