The Division of Administrative Hearings resolves disputes between individuals and state government agencies through administrative law proceedings, presided over by an administrative law judge. Parties can make opening and closing statements, offer evidence, call witnesses, and make objections. The final order can be appealed in state court or reviewed by an appellate court.
The Division of Administrative Hearings is a state agency that handles administrative law proceedings, resolving issues between an individual and state government agencies. A government agency or regulatory body is almost always a party to the process. Administrative law hearings are conducted in a similar way to court proceedings.
Cases in the Administrative Hearing Section are presided over by an administrative law judge. The state agency involved is usually represented by an attorney from the agency. In some jurisdictions, the agency is represented by an assistant attorney general. In these states, the Attorney General is legally mandated to represent all state officials and agencies. In other jurisdictions, an agency may be represented by a designated officer of the agency.
The rules governing administrative hearings are generally the same as in a state court. However, there may be some special administrative rules governing the hearing. An administrative law judge has the power to relax the rules of proof when a private party proceeds without the benefit of a lawyer. The hearings themselves are more informal than court hearings. However, parties can still make opening and closing statements, offer documents as evidence, call witnesses, and make objections.
In some jurisdictions, the law may require parties to attempt mediation before the case is heard in the Administrative Hearings Division. Sometimes this requirement is limited to certain types of cases, such as workers’ compensation or employment discrimination. In some cases, this will fix the problem and no hearing will be needed.
Hearings may involve challenging an administrative agency rule as to whether the rule is valid or how it applies to a specific set of facts. More often, hearings involve an agency decision affecting a substantial private party interest. Agency decisions can involve many different areas of government regulation. Among these are taxation, corporate regulation, and environmental regulations. The denial, suspension, or revocation of various types of state licenses are also frequently litigated in the Division of Administrative Hearings.
At the end of the hearing, the administrative law judge will issue a definitive order. In some jurisdictions, it drafts a proposed final order for review by the director of the agency involved. The director of the agency can modify or refuse the final order. A final order in some jurisdictions can be appealed in state court. In others, the final order is reviewed by an appellate court, just as a final court order would be.
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