Administrative hearings may be less rigorous than a criminal or civil trial, but it can still be daunting. Whether you are going to a hearing over a suspended license, appealing a government agency’s decision or disputing your eligibility for government benefits, it’s important to know what to expect and how to prepare.
What is an administrative hearing?
An administrative hearing is a legal proceeding that takes place outside a formal court system. Designed to settle disputes between government agencies and individuals or organizations, these hearings give each party an opportunity to present their case.
It uses many of the same procedures as traditional courts. Parties may use witnesses, documents and other evidence to argue their case.
An administrative law judge or hearing examiner will consider the facts presented by each party and then render a decision in writing. A party that disagrees with the decision may file an appeal.
Preparing for an administrative hearing
Review process and deadlines: Administrative hearings entail adhering to numerous requirements and deadlines. Failing to meet them could have consequences. For example, after receiving a citation, you must file an appeal before the provided deadline. Otherwise, you may lose your chance to contest the government agency’s allegations.
Identify witnesses and gather evidence: It is crucial to figure out witnesses and compile evidence that can support your case. You will have to confirm the attendance of your witness and have your documents and other exhibits ready before the deadlines.
Prepare arguments: Be prepared to discuss the details of your case and present a compelling argument for why your position makes sense. Practicing in advance can help you create an effective presentation.
Consider hiring an attorney
An attorney is not a requirement for an administrative hearing but having one could help you navigate the process, build your case and ensure that you do not miss crucial deadlines. In most cases, the government agency will have an attorney, so it may be in your best interest to do the same.