Administrative hearings are legal proceedings outside of a formal court system, usually involving disputes under the authority of a government agency. Parties present their side of the facts, evidence, and witnesses to an administrative law judge who acts as judge and jury. The final decision is made by the agency. These hearings regulate businesses or private citizens by a government agency and can be governed by general statutes or special rules. Some jurisdictions have established a formal administrative hearing office to handle a large volume and variety of cases.
Administrative hearings are legal proceedings that are handled outside a formal court system. In general, administrative hearings are less stringent than criminal or civil trials. While they generally function like a court process, most hearings involve disputes that occur under the authority of a government agency. For example, if a department of social services denies a person social assistance, that person may have the right to appeal the decision. The appeal could result in an administrative hearing to determine whether the Department of Human Services correctly denied the person’s welfare.
As in a judicial proceeding, each party to an administrative hearing usually has the opportunity to tell their side of the disputed facts. During the hearing, the parties can present witnesses, carry out direct and contradictory questioning and provide evidence to the contrary. The parties are also often allowed to make closing statements.
An administrative law judge (ALJ) or hearing examiner typically conducts the hearing. The ALJ or examiner is normally required to maintain neutrality and cannot get personally involved in the case. In this role, the ALJ generally acts as judge and jury. He hears evidence, applies the law, and provides a verdict recommendation to the government agency. Usually, the agency – rather than the ALJ – makes the final decision in the case.
A variety of different issues can be brought up in an administrative law hearing as long as they have some connection to a government agency. As a general rule, administrative hearings involve the regulation of businesses or private citizens by a government agency. For example, a hearing may be conducted by an agency’s decision on unemployment, child support, liquor licensing, or public assistance.
In some cases, administrative hearings are governed by general statutes, while in other cases different laws apply. For example, sometimes an administrative agency has a special set of rules governing cases involving that agency. These laws will generally extend to an administrative proceeding. Parties to an administrative proceeding include the administrative agency and any person who receives a complaint or who successfully challenges a decision made by an agency. Usually, the parties can choose to be represented by an attorney at the hearing.
Some jurisdictions have established a formal administrative hearing office. These offices are designed to provide a centralized and more uniform method for handling administrative hearings that come from multiple government agencies. An administrative hearing office typically handles a large volume and a variety of cases.
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