If one finds that a legal complaint has been filed against him or her, or if he or she appeals an agency decision and is granted a hearing, that person will be subjected to the Administrative Hearing process. The purpose for the hearing is to establish a record of the facts in a case that will lead to its eventual resolution. During the administrative hearing, an opportunity will present itself for all sides of the dispute to be presented. The process is very similar to a case being brought before the court in trial.
Most of the time, an Administrative Law Judge is the person who will conduct the hearing. At times, these individuals are referred to as “hearing examiners”. Whether or not the Administrative Law Judge will render the final decision depends on the laws that govern the hearing. These laws can vary from state to state.
The person who is the subject of the Administrative Hearing does not have to have an attorney, legally speaking. However, it is always a good idea to hire one, and to choose one who is experienced in the area of Administrative Hearings. Neither the Administrative Judge, the agency nor the opposing party’s lawyer are allowed to recommend anyone, so it is important that the person who needs the attorney take the time to find the right person to represent him or her prior to and during the hearing.
Some Administrative Law Judges will conduct a pre-hearing conference and the subject of the dispute will be required to be present on this occasion. The purpose of this pre-hearing is to agree on as many of the undisputed facts of the case as possible, to clarify any misunderstandings that might exist, to set some kind of timetable to follow for preparation and scheduling the hearing and to narrow the disagreements down to issues that can be adequately addressed at the Administrative Hearing.
Once the Administrative Hearing has ended, the Administrative Hearing Judge must prepare a Final Decision that outlines the facts of the case, citing legal references to the decision that was made. The defendant’s criminal defense attorney can help him or her decide whether or not an appeal is in order.
