Administrative Fair Hearings

Administrative proceedings can be extremely complicated and have very serious consequences.  While not held in standard courts, many critically important issues ranging from obtaining or keeping important benefits, losing driving privileges or being labeled as having committed child abuse or maltreatment are addressed through administrative proceedings.  These processes vary with each administrative agency, and generally have a specific process and what are known as “Fair Hearings”, presided over by Administrative Law Judges.  Our attorneys have represented clients with great success with administrative cases and have rigorously defended clients at all stages of administrative proceedings: from the initial investigation, through contested hearings and appeals of decisions we haven’t agreed with.

A specific focus of our Administrative Practice centers upon investigations conducted by the New York City Administration for Children’s Services (“ACS”).  These investigations begin with reports to the Child Abuse and Maltreatment “Hotline” and can be extremely scary and have very serious consequences.  ACS, along with the NYPD, may want to visit your home, look at your children and ask you questions that are highly invasive that could also involve possible criminal consequences.

Most people don’t know that they can have a lawyer represent them during these investigations to ensure that their rights are protected and that ACS doesn’t overstep their boundaries.  Representation by an experienced attorney during these investigations can make all the difference—and we have the experience and know how to fight for your rights.  We are also highly experienced with appeals of wrongful decisions labeling people as having committed child abuse or maltreatment.  We have prevailed at the Administrative Review and Fair Hearing stage repeatedly and extremely knowledgeable with The Office of Children and Family Services Appeal Process.

If you or someone you know is involved in an Administrative Fair Hearing, or if you have questions regarding such matters, please contact Nelson, Robinson & El Ashmawy, PLLC by email or call us at (212) 962-1740 and let us help you protect your rights.

Administrative Hearings of Note

In re A. – Failure to Use Due Care Hearing, and an Inquest to Investigate a Fatal Accident, two distinct hearings following a fatal traffic accident.  In both hearings we cross-examined police officers testifying and challenged video and documentary evidence offered against Mr. A.  We argued passionately on behalf of Mr. A. and against findings that he failed to exercise due care regarding the fatal accident.

LIUNA v. G.D. – An administrative hearing to exclude an individual from the union due to involvement in organized crime.  In this hearing, the client was an alleged associated of an LCN crime family and was under a federal RICO indictment.  We represented the client and challenged the evidence against him and cross-examined Bruce Muow, the chief witness against him and former FBI agent and head of the Gambino Task Force.  We advocated for the client’s allowance to remain in the union and that there was no connection between his alleged affiliation and

Matter of S. – Successful appeal of indicated report of child abuse and maltreatment for client to unfounded and sealed.

Matter of M. and L. G. –  After administrative hearing and over ACS objection, successful appeal of indicated reports of child abuse and maltreatment for both parents, one an elementary school teacher, to unfounded and sealed. Despite prior findings of Res Ipsa abuse at trial level, wherein we were able to successfully argue for a suspended judgment for client based on service compliance and favorable facts of the case.

Matter of B. and S. C. – Successful appeal of indicated reports of child abuse and maltreatment for teacher client and her husband, to unfounded and sealed, after representation throughout underlying ACS investigation, administrative review and OCFS Fair Hearing level.

Matter of Anon. –  Successful appeal of indicated report of child abuse and maltreatment for celebrity client to unfounded and sealed.

Matter of S. – Successful appeal of indicated report of child abuse and maltreatment for client, a military veteran, to unfounded and sealed.

Matter of B. – Successful appeal of indicated report of child abuse and maltreatment for elementary school teacher client to unfounded and sealed.

Matter of W. – Successful appeal of indicated report of child abuse and maltreatment for client, a diplomat, to unfounded and sealed.

Matter of C. – Successful appeal of indicated report of child abuse and maltreatment for client, a high-ranking executive in finance, to unfounded and sealed, after representation throughout underlying ACS investigation, administrative review and OCFS Fair Hearing level.   On a subsequent report, successfully represented client through a second investigation wherein we represented client at ACS conferences and meeting with NYPD detectives from the Special Victims Unit.  This second investigation resulted in the case being unfounded by ACS and removed the need to do administrative appeals.

Matter of L. – Successfully represented wrongfully accused client through ACS investigation of alleged sexual misconduct. Our office represented client at ACS conferences and meeting with NYPD detectives from the Special Victims Unit.  This investigation resulted in the case being unfounded by ACS and removed the need to do administrative appeals.

Matter of O. – Successful appeal of indicated report of child abuse and maltreatment for client to unfounded and sealed.

Matter of W. – Successfully represented client through ACS investigation of alleged excessive corporal punishment. Our office represented client at ACS conferences and prevented NYPD detectives from speaking to client.  This investigation resulted in the case being unfounded by ACS and removed the need to do administrative appeals.