ADMINISTRATIVE HEARINGS AND APPEALS
What is an Administrative Hearing?
Disputes between private citizens/businesses and government agencies are resolved at administrative hearings. Administrative hearings are less formal than a typical courtroom setting. The rules of evidence are more relaxed. However, this informal nature does not mean that you should take it lightly. .
What are my rights?
You are entitled to a fair hearing. But, unfortunately, the agency gets to make the rules, investigate the alleged violations, prosecute the case, and then decide the case. The hearing officer is selected by the agency. .
You have the right to appeal an adverse agency decision. The appeals court should review the agency’s decision and determine if it was supported by “substantial evidence.” The decision can be overturned if it was arbitrary or beyond the power of the agency to make or the process violated your constitutional rights.