Before the Hearing
Generally, the process before an OAH Administrative Law Judge (“ALJ”) first begins with an administrative order issued by the agency. The agency’s order will explain how a request for a hearing can be made. However, under Idaho law, not all agency actions are subject to a hearing before an OAH ALJ, so it is important and necessary to carefully read the instructions and follow them exactly.
Scheduling the Hearing
After you properly request a hearing, if your matter is one that will involve a hearing before an OAH ALJ, you will receive a notice setting a short telephone or video conference to discuss scheduling the appeal hearing. This notice will tell you the date and time of the hearing, as well as what number to call (or what video link to use).
The purpose of this conference is to set the deadlines for the case, including the date of the hearing before the OAH ALJ. This is an important conference, so before the conference, make sure you have reviewed your calendar to identify any important upcoming dates, such as medical appointments, vacations, jury duty, etc., so that everyone participating can identify the best possible dates for deadlines and the hearing.
In some cases, an OAH ALJ may determine that a scheduling conference is unnecessary, and will just issue a notice for teh
NOTE: Different agencies may have specific deadlines that govern how quickly a hearing must be held and decided. OAH will abide by these specific deadlines, and will identify those to the parties to ensure that the scheduling of the hearing will comply with those deadlines.
If you are unavailable at the time and/or place scheduled for a conference or the hearing, you must contact OAH as soon as possible beforehand to ask for a different date. The ALJ or OAH staff member will decide whether there is a good reason to reset the conference. Make your request as soon as you know you can’t attend the conference. Avoidable delay may result in a denial of your request.
If you fail to attend the final prehearing conference or the hearing itself, you may be found to be in default, meaning that the case will be completed without your participation; that is, the case will be decided without you telling your side of the story.
For any other conference (such as a scheduling conference), the ALJ may simply complete the conference without your attendance. In that circumstance, you may be stuck with obeying an order that was issued because you didn’t participate.
All hearings are conducted in English. If you are not comfortable with English, the OAH can assist you in having an interpreter at your hearing. If you have a physical disability (for example, a speech or hearing impairment), which will prevent you from actively participating in the hearing, please notify OAH as soon as possible so that accommodations may be made. In either case, however, you must notify the OAH as soon as possible.
NOTE: You cannot bring a family member or friend with you to serve as your interpreter at the hearing.
If your mailing address or telephone number changes at any time, please notify the Office of Administrative Hearings as soon as possible of your new mailing address or telephone number.
No. ALJs are not permitted to discuss cases with only one party; instead, all parties must be present. If you have a question about your case, you should contact the agency and ask the agency to coordinate a status conference with the ALJ. A status conference is a way to get general questions about the proceeding answered, although an ALJ will likely not address the merits of your case during a status conference. If you are having difficulties scheduling a status conference, please contact the Front Desk of OAH at (208) 605-4300.