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Friday, July 07, 2017

Hearsay may constitute "substantial evidence" supporting the tribunal's findings in an administrative hearing



Hearsay may constitute "substantial evidence" supporting the tribunal's findings in an administrative hearing

An employee [Employee] at a residential facility operated by the Office of People with Developmental Disabilities [OPWDD] was alleged to have physically abused a resident. An investigator conducted interviews of several witnesses and found the report of physical abuse to be substantiated. After a hearing, Employee's request that report be amended to unsubstantiated and that the report be sealed was rejected and a final determination sustaining the report of physical abuse was made.

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