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...

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....

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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....

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...

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),...

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...

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...

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...

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...

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,...