Issues that Arise in Administrative Hearings
Frequently the Appellant in an Admin Hearing is concerned when a staff member sits through the whole hearing and testifies having sat through the hearing representing the director or superintendent. As a Hearing Examiner, I spend time setting the scenario for how the hearing will proceed.
Setting the Rules of ProcedureInitially, I review the entire process. It is important to be clear. Often you have self- represented litigants. Even though they may have been told what to bring, they often don't make copies. This gives them a chance to make copies and get organized. It is important to allow the parties to ask question so the process is clear to all.
Also, any preliminary issues or motions that must be resolved before we begin the hearing.
How many witnesses will testify.I ask both sides to list their witnesses and how long they will testify.
I then swear all the witnesses so as we start, we can move from one to another. It also gives the court reporter time to get the correct spelling of witnesses' names.
This alerts the Appellant that the agencies witnesses will be testifying as the agency representative, and will be there throughout the testimony of both sides. I also allow the Appellant to be a rebuttal witnesses at the end of the hearing, to add or challenge testimony that was presented.
It is important that both sides understand the rules and have a chance to present their case in the most comprehensive manner.
I also advise the parties that they may file a memorandum of law at the end at a mutual agreeable time frame.