Administrative Courts and Hearings
Federal, state and local agencies have oversight over different areas of public interest and create regulations that must be followed. For example, the state education agency oversees public schools, administrators, teachers and licensing. It creates regulations to guide persons involved in the educational system.
Administrative agencies make decisions affecting people based on the regulations. For instance, the Social Security Agency may decide that an individual does not qualify for disability payments. That individual has the right to appeal the administrative decision. A hearing officer or administrative law judge (ALJ) hears the appeal at an administrative hearing.
Can I bring a lawyer with me to an administrative hearing?
Yes. Additionally, in some cases, you may have a nonlawyer representative. For example, a special education advocate is allowed to appear in hearings concerning a disabled student.
What happens at an administrative hearing?
The ALJ or hearing officer explains the issues, questions you and your witnesses and looks at any evidence you have submitted.
TIP: Hearings are tape-recorded and you are typically entitled to a copy of the tape.
I am unable to travel to the hearing location. What can I do?
You may request a telephone hearing. Telephone hearings are not uncommon in administrative procedures as it is often difficult for people to travel to the state or federal agency's location.
TIP: Some state agencies hold all hearings over the telephone or by video call.
Will a decision be made on my case at the close of the hearing?
No. You will receive the decision in writing.
What happens if I fail to show up for my hearing?
The officer or ALJ may rule against you. You should always contact the person handling the hearing and explain the situation.
Can I appeal a hearing decision?
Yes. In some situations you can appeal the hearing officer's decision to a court. In other cases, such as educational hearings, the officer's or ALJ's decision may be final.