Prehearing Conference Process
What is a Prehearing Conference (PHC)?
This is a brief phone call with the judge and the HCA Representative. This is to discuss the issues in your case and schedule your hearing.
You must participate in the prehearing conference. Otherwise, your case may be cancelled (dismissed).
What is the difference between a PHC and a hearing?
A prehearing conference (PHC) is not the hearing. A PHC is typically short and you will not need witnesses.
A hearing is when you get to present your case to the judge. During the hearing you will tell your side of the case. You may have witnesses talk. The judge will discuss any documents you or HCA provided.
Your notice will tell you if you have a prehearing conference or a hearing. In the top right corner it will say “Notice of Prehearing Conference” or “Notice of Hearing.”
This notice also gives you the date and time of the prehearing conference or hearing.
What do I need to know first?
The Office of Administrative Hearings (OAH) will mail you a Notice of Prehearing Conference. It will include the date and time of the of the prehearing conference.
In many cases, the HCA is simply missing some information. Contact the HCA Representative to see if your case is missing any information.
You can call HCA at 1-855-623-9357. You will also receive a letter from HCA with contact information.
You may be able to resolve some issues before the hearing.
How do I prepare for a phone PHC?
Your prehearing conference will be held over the phone. Please follow these guidelines for phone hearings:
- If using a cell phone, make sure the battery is fully charged.
- Try to have good, clear reception. If the judge cannot hear you, your case may have to be rescheduled.
- Be in a quiet location.
- Know your schedule. The judge will schedule the actual hearing.
- Do not drive during the hearing.
- Do not multitask. The judge will expect your full attention.
How do I participate?
The prehearing conference will be held over the phone. Read your Notice of Prehearing Conference right away. Follow all instructions closely. You must call on time.
If the judge has not joined the call at 10 minutes after your start time, contact OAH at 360-407-2700 or 800-583-8271.
It is your responsibility to call in at the time of your prehearing.
How long will my PHC last?
Typically a prehearing conference lasts 30 minutes or less.
What happens at a PHC?
The judge will make sure that everyone understands what the hearing will be about. You will agree on a date and time for the hearing.
You will not tell the judge your side of the case and you do not need witnesses. That will happen at the hearing.
What is a PHC Order?
After your PHC, the judge will issue a prehearing conference order. The prehearing conference order will give you information and deadlines for participating in the hearing. This order contains a lot of information, so please read it fully.
What happens if I miss my PHC?
If you miss your PHC, the judge will send out an Order of Dismissal. This cancels your hearing. If you still need your hearing, you must send a written explanation of why you missed your PHC. In the Order of Dismissal, there is a Petition to Reinstate Appeal form. Fill out the form and mail it to OAH.
Click to open a sample Petition to Reinstate Appeal form.
You have a limited time to do this. Please look at your Order of Dismissal for instructions.
Once OAH receives your written request, a time will be scheduled for you to explain to the judge why you missed your PHC. The judge will decide whether you had a good reason. If yes, the judge will then hold your PHC.
Can I change the PHC date?
You may be able to change the prehearing conference date if you have a good reason. Contact OAH as soon as possible with your request. The judge will decide if the date or time may be changed. If your prehearing conference date changes, OAH will send you a new notice with the new date and time.
We may not have enough time to respond to a last-minute request. If you have not heard from OAH by the date of your prehearing conference, you must call in for your prehearing conference.
Motion Process
What do I need to know first?
A motion is a request to the judge to take a specific action, such as postponing or dismissing the hearing. A hearing is the proceeding where you tell your story to the judge. The two most common motions are a Motion to Dismiss and a Motion for Summary Judgment.
What is a Motion to Dismiss?
A Motion to Dismiss is a request by a party, usually HCA, to the judge to dismiss the appeal before the hearing. One reason for this request may be that HCA has already resolved the matter with the appealing party, so a hearing is no longer necessary.
If OAH receives a Motion to Dismiss, it will send you a Notice of Motion to Dismiss and Briefing Schedule, with directions on how to respond. You must respond by the deadline set out in the notice.
If the judge grants the motion and dismisses the appeal, you may appeal the dismissal. You can find ways to appeal at the end of the dismissal order.
What is a Summary Judgment Motion?
A Motion for Summary Judgment is a request by a party, usually HCA, to dismiss the appeal before the hearing. The judge will dismiss the appeal if:
- there are no facts in dispute and
- the law is in favor of the party who filed the motion.
If OAH receives a Motion for Summary Judgment, it will send you a Notice of Summary Judgment Motion and Briefing Schedule, with directions on how to respond. You must respond by the deadline set out in the notice.
If the judge grants the motion and dismisses the appeal, you may appeal the dismissal. You can find ways to appeal at the end of the dismissal order.