An administrative hearing is similar to a court trial (that is, a trial in front of a judge, but without a jury), but is less formal. Like a trial, its purpose is to gather facts through testimony, documents, and other evidence. However, unlike a trial, there is no jury, and the hearing will not be held in a courtroom.
Administrative hearings can be held in person, by telephone, on a video conference call (like Zoom, Webex, etc.), or even by some combination of those options (for example, an in-person hearing where one or more witnesses appear by video). Whether your hearing is scheduled to be in-person or by video/telephone, you must show up at the specified date, time and place, and in the manner stated in the notice.
Things you will need for the hearing
On the day of the hearing, you should have the following items with you:
- all the exhibits that you want the Administrative Law Judge (ALJ) to consider;
- a written list of points that you want to make;
- a written list of any questions that you want to ask all the witnesses, both your own and the opposing party’s; and
- pen and paper, so you can take notes.
Hearing procedure
A hearing procedure is generally as follows:
- The first thing the ALJ will do is to go through the exhibits, one by one, to ensure that both you and the opposing party have received them all. Those exhibits will then be admitted into the hearing record, unless either you or the other party objects. To be “admitted” means that the ALJ will consider them in reaching a decision in the case.
- Next, the ALJ will go through the parties’ planned witnesses, to confirm which witnesses are present and will present testimony, as well as to determine if if either you or the other party objects to any of the witnesses.
- The ALJ will then identify the issue or issues to be addressed at the hearing.
- Depending on the nature of the hearing, you and the other party may be given an opportunity to make an opening statement. An opening statement is an explanation to the ALJ what the evidence will show and why the party should win. It is not the time to give actual evidence or to testify. You are not required to make an opening statement.
- After opening statements, the ALJ will listen to the testimony of witnesses. Who goes first (you or the opposing party) depends on who has the principal responsibility (“burden of proof”) of persuading the ALJ to issue an order recommending the agency decide in their favor. Most often, it is the party which requested the hearing who will bear this “burden of proof.” Whoever it is, that party will call its first witness to testify. At the conclusion of that testimony, the other party can “cross-examine.” This continues until that party has no more witnesses to call. Often the ALJ will ask several questions, perhaps right after the witness is sworn in or perhaps after you and the agency have asked all the questions you want.
- After the first party’s witnesses have testified, the other party will now call its own witnesses. It is the same process as before: After each witness testifies, the other party can cross-examine.
- Once all the witnesses have testified, you and the agency may be permitted to make closing arguments to the ALJ (although, like opening statements, this depends on the nature of the hearing). A closing argument is one in which both of you, in turn, point out the evidence that was actually admitted during the hearing (testimony and exhibits) and the law which support your respective positions.
- If the hearing is complex or lengthy, the ALJ may request that you submit written closing arguments at some future date instead of presenting them during the hearing.
- Following closing arguments, the hearing is concluded.
- If your hearing if one where a court reporter is present, if you would like a copy of the transcript, you will generally need to pay for that directly with the court reporter.
The decision
After the hearing has ended and the record closes (that is, no more evidence will be considered), the ALJ will review all the evidence and testimony. The ALJ will not tell you the decision on the day of the hearing. Instead, you will receive the written decision by mail and/or email, probably a few weeks after the hearing itself or sooner, depending on agency requirements. If the ALJ issues an order that is not in your favor, that order will include information about the next steps in the administrative process. If you want to appeal or ask for reconsideration, you must follow the instructions set out in the decision exactly.