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Can not physically present at the hearing at ALJ (Administrative Law Judge).

Washington, DC |

I have a hearing coming up at ALJ (Administrative Law Judge), I had an accident and surgery and can not physically present at the hearing. I'm overseas any way. The notice of hearing order says this venue doesn't have facility for telephonic hearings . What to do? How to know whether the venue had telephonic hearings in the past?

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Attorney answers 3

Posted

The telephone issue is a red herring here. Although most administrative law proceedings proceed under rules that allow in limited circumstances for telephonic appearances and even testimony, it would be very unsound for the interested party to appear that way.

It is most likely that the administrative proceeding can be continued until the interested party is physically capable of attending. If you are the interested party (Petitioner or Respondent), make a request for continuance as provided by the rules. Provide the necessary verification of your unavailability, and some basis for anticipating when you will be available.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Posted

As Ms. McCall notes, it is not uncommon for administrative hearings to be delayed, usually "for good cause." Physical inability due to an injury might be good cause. The fact you are overseas may not be good cause by itself.
It would depend on the type of case, jurisdiction partly.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Posted

I agree with Mr. Cave and Ms. McCall. I note further that "good cause" is the civil law standard in California and many other states. Administrative law will look to civil law to "gap fill" procedures not specified by the administrative regulatory scheme in question. Good luck.

Hans Gillinger

This is not legal advice and the within response does not create an attorney client relationship between this office/me and any other person or entity. Hans Gillinger Of Counsel Law Offices of Bonnie Z. Yates 13323 Washington Blvd., Suite 300 Los Angeles, CA 90066 tel: (310) 204-6624 fax: (310) 204-6624 Direct: (310) 279-5048 Email: hans@bonniezyates.com web: bonniezyates.com

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