At your Hearing
Who attends?
The following people typically attend a hearing:
- You
- Your lawyer
- Your witnesses
- Agency representative
- Agency’s lawyer
- Agency witnesses
- Judge
How do I participate?
Your hearing may take place by phone, video, or in person. The judge will decide this at the Prehearing Conference. If the judge decides the hearing is in person, the judge will set the location. If the hearing is in person, the judge may let witnesses appear by telephone.
What if I cannot get through on the phone?
If your hearing is a telephone hearing, and you have trouble calling in or connecting, call OAH at 800-583-8271. If the judge does not join the call within ten minutes after the start time, call OAH at 800-583-8271.
If you do not join the call, the judge may dismiss your case.
What is the hearing process?
The judge will begin the hearing with a brief explanation of the hearing process.
Here are the highlights:
- Opening Statements - a brief statement of what your case is about.
- Direct Examination – each party presents their case.
- Cross Examination – each party gets to ask questions of the other party’s witnesses. You may only ask questions. You may not comment on their testimony or make statements.
- Closing Arguments - your chance to argue your position and ask the judge to decide in your favor.
Unless the judge asks for new exhibits or other testimony, the hearing process ends.
Decision
When do I get the decision?
The judge will not make a decision at the hearing. The judge will send a written order with their decision about your case. Most of the time, a decision will be mailed to you within 60 days of the hearing. The decision will also be accessible electronically through the portal.
What if I disagree with the decision?
If you disagree with the judge’s decision you have the right to appeal. The decision will give instructions on how to appeal. Be sure to follow the instructions. There are strict deadlines and requirements.