If i disagree with hearing officer descion i can fight the desciin in superior court

Asked about 1 year ago - Los Angeles, CA

If i fight hearing officer descion can the entity make a descion

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . Your options depend on the nature of the administrative hearing and decision. Was it an APA proceeding (Administrative Procedures Act)? Did an ALJ issue a Proposed Decision? Has an administrative agency acted on a Proposed Decision? Or was this an EDD or other kind of administrative hearing? Is there an administrative record? Has it been been prepared and reviewed? What is the nature of your disagreement with the hearing officer's action?

    You may want to re-post with sufficient info to enable meaningful responses. Or you may want to consult with a skilled and experienced administrative law attorney.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Kelvin P. Green

    Contributor Level 18

    5

    Lawyers agree

    Answered . Your question is slightly confusing.. Administrative hearings have a review and appeals process...you have to exhaust all administrative remedies before you go to superior court. You may want to hire an attorney

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  3. David Herman Hirsch

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree the questions is confusing. It depends on the type of hearing, and it can get complicated. For example, for certain decisions where no vested right is involved the court only reviews the decision to see if it is supported by substantial evidence. In other situations, where certain rights are involved, the court applies a less deferential standard and exercises its independent judgement when reviewing the administrative record. In either situation the judicial review is generally limited to a review of the administrative record of the proceeding in front of the hearing officer, and its not a new trial... Or, you might be involved in some type of proceeding where you've agreed to arbitration and different rules apply regarding the ability to challenge the decision in court. You should consult with an attorney in your area familiar with this area of the law who can give you some guidance.

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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