Annotations to the OATH Rules of Practice (“OATH Rules”), available on OATH’s website, have recently been updated.

The annotations provide summaries of OATH cases that interpret and apply the OATH Rules.

To find the OATH Rules, go to the OATH website’s home page. On the menu on the left side of the page, select “OATH Hearings” and then select “Rules of Practice.” Find the applicable rule from the Table of Contents to access the full text of the relevant rule.

Those rules that are annotated have a link at the bottom: “Go Here for Annotation.”

Deputy sheriff found to have converted union funds.

A deputy sheriff who served as union treasurer was discovered to have transferred funds totaling $13,266, drawn from union accounts into his own bank account. When confronted, he refused to reimburse the union or provide receipts showing how the money was spent. ALJ John Spooner found that respondent’s theft was inconsistent with his law enforcement responsibilities, and recommended termination from employment.  Dep’t of Finance v. Smyth (in PDF), OATH Index No. 1285/11 (Mar. 9, 2011), adopted, Comm’r Dec. (Mar. 16, 2011).

HRA could audit Medicaid funds, but could not recoup them under contract.

A health care provider and HRA disputed the interpretation of contract provisions relating to auditing and recoupment of unspent funds that the provider received from New York State’s Medicaid program and were earmarked for recruitment and retention of home attendants.  The Contract Dispute Resolution Board (“CDRB”), with ALJ Kara Miller sitting as chair, found that the contract permitted HRA to audit the funds in question, because HRA acted as an agent of the State.  However, the contract did not permit HRA to recoup the unspent funds because the money did not meet the definition of what was recoverable by HRA.  CDRB could not issue an injunction against recoupment, and left the statutory and regulatory issues for the courts. N.Y. Health Care, Inc. v. Human Resources Admin (in PDF), OATH Index No 494/11, mem. dec. (Mar. 28, 2011).

ALJ finds applicant was never married before and may register as domestic partner.

The City Clerk had denied an application for domestic partnership registration because its records showed that one of the applicants was already married. On appeal, ALJ Kevin Casey found credible the applicant’s testimony that she had never been married, and recommended that she be granted domestic partnership registration.  Office of the City Clerk v. Anonymous (in PDF), OATH Index No. 1157/11 (Mar. 7, 2011).