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 administrators have also periodically responded to correspondence, which have requested clarification of specific Fair Hearing policies.
The following Fair Hearing related policy materials are available by clicking on the topics:
Authorization to Represent Appellants
Case Record Production at Fair Hearings
Copies of Hearing-Related Correspondence Must Be Sent to Appellants' Representatives
Corrected/Amended Fair Hearing Decisions
Credibility Determinations by ALJs
Cross-Examination of Adverse Witnesses/Declarants
Deadline for Holding and Deciding Fair Hearings (no OAH policy clarifications) - Move to Litigation
Death of a Potential Appellant
Defaulting a Fair Hearing
Development of the Record - ALJ Duties
Documents Offered into Evidence
Drafting a Fair Hearing Decision
Evidence Not Provided to Local Agency Prior to Fair Hearing
Executive Order No. 131 (9 NYCRR ยง 4.131)
Inadequate Notices - Threshold Issue at Every Fair Hearings
Independent Medical Assessment/Professional Evaluation
Issues for Review at Fair Hearings
Off-the-Record Conversations with ALJs
Pre-Hearing Disclosure of Specific Policy Materials Requested by Appellants or Their Representatives
Reimbursement to Appellants for Necessary Costs and Expenses Related to Fair Hearings
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