The ALJ of the Office of Administrative Hearings is charged with making sure that you have had a fair, impartial, and independent opportunity to be heard before an agency acts. The function of the ALJ can best be summed up by our Mission Statement:
"We will contribute to the quality of life of the State of Arizona by fairly and impartially hearing the contested matters of our fellow citizens arising out of State regulation."
The Administrative Law Judge (ALJ) is not part of a court. The ALJ is an employee of the Office of Administrative Hearings and not an employee of the regulating agency which has initiated the action or from whose action or inaction you have appealed. You may view a biography and a picture of the assigned ALJ here. The ALJ will decide facts, apply law, and make recommendations to the regulating agency. Normally, it will be the regulating agency, and not the ALJ, who will make the final decision in your case. There are exceptions where the ALJ makes the final decision. In most cases, if the agency does not act within 30 days of receiving the recommendation of the ALJ, the ALJ's recommendation will become final. In some cases, the board or commission may only have 5 days to take action after a meeting.
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for articles on the hearing process that will provide a good overview and practice pointers.
An administrative hearing is like a trial, but less formal. Evidence is presented by each side, either as sworn testimony or as documents. Before the hearing each side may make an opening statement to tell the administrative law judge what the believes the evidence will show. At the end of the hearing, each side may present a closing argument to explain why the ALJ should rule one way or the other. After the hearing, the ALJ will review all the evidence and issue a decision which will be submitted to the agency which brought the action, or whose action is being appealed from. See OAH procedural rule 19-116.
Corporations or other legal entities are not individuals and therefore must be represented. The Supreme Court allows these entities to be represented before the OAH by full-time employees and officers, subjects to certain requirements. (see Rule 31(a)(4)(K)) An example would be a contracting company in a Registrar of Contractors case who could chose to be represented by a properly authorized corporate officer or employee.
Certain exceptions also exist for agencies whose hearings are conducted by the OAH. (see for example Rule 31(a)(4)(L) , allowing anyone to represent a party in AHCCCS cases, as long as no fee is charged. ) The Office of Administrative Hearings may not give legal advice to you, although it will do everything it can to provide you with a fair and impartial hearing. It will also help you understand and follow the procedures to present your case.
No one is required by the Office of Administrative Hearings to have a lawyer. Individuals may, of course, represent themselves. However, when a party wishes to be represented by another, the Supreme Court restricts that representation to licensed attorneys, with exceptions. (see generally Rule 31, Rules of the Supreme Court )
You will find a copy of the OAH rules accompanying your brochure. If you have not received a copy, please contact the Office and a copy will be sent to you. You can find the rules at our website at www.oah.com. In addition, statutory provisions found in A.R.S. §41-1092 .01 to A.R.S. §41-1092.11 are applicable. A.R.S. §12-904 to A.R.S. §12-910 will guide any appeal to Superior Court. See Appeals
There will always be a record of any hearings, generally by audio tape. Either party can hire a court reporter instead. The record will be available to either side. For more information see OAH procedural rule 19-121.
File File motions online here.
After you receive the "Notice of Hearing" in your case, you should file requests or motions with the Administrative Law Judge (see the addresses on the cover of this brochure). However, you must send a copy of whatever you file to any other party and the agency, even if the agency is not a party. Likewise, the agency must send you a copy of what it sends to the Administrative Law Judge or any other party. Sometimes the agency or you will refer to documents that you intend to use at the hearing to make your point. In that case, both the agency and you must make those other documents reasonably available for inspection by the other party if requested prior to the hearing. Be sure to list on whatever you file both the names and addresses of everyone who has been given a copy. For more information see OAH procedural rule 19-108.
Sometimes either or both parties may request that a hearing be rescheduled. The administrative law judge will make a decision as to whether there is a good reason for the delay. If there is, the hearing will be rescheduled to the next available date. Your request for a continuance must be in writing and generally must be received fifteen days before the scheduled hearing. For more information see OAH procedural rule 19-110.
Normally pre-hearing motions will be heard on the day of the hearing. The Administrative Law Judge will determine in advance whether the hearing itself will be rescheduled and will inform the parties whether only the motion will be heard that day. See OAH procedural rule 19-106. File File motions online here.
There are basically two types of subpoena. The first is an order for someone to appear. The second is an order for someone to make documents or other items available to you. If you want either of these types of subpoena, you must prepare a subpoena form for the administrative law judge's signature. The second type of subpoena requires a justification as well, normally a letter attached to the subpoena. The subpoena may not be served by a party. Process servers can be found in the yellow pages. A copy of the subpoena, along with an affidavit from the person serving the original subpoena must be returned to the Office of Administrative Hearings. Subpoena forms, along with a guide on how to fill them out and have them served, are available through the Office of Administrative Hearings. Since you are required to have the subpoena served, you should request subpoenas well in advance of the hearing. For more information see OAH procedural rule 19-113. See also this sample subpoena form.
The Office of Administrative Hearings endeavors to ensure the accessibility of its hearings to all persons with disabilities. Should you, or anyone you call as a witness need special accommodations, contact the Office of Administrative Hearings at (602) 542-9826 three working days before the hearing.
File motions online and see a sample subpoena form.
In most cases you have the right to appeal the regulating agency's final order to the Superior Court. Final orders should specify your appeal rights. A.R.S. §12-904 , A.R.S. §12-905 , A.R.S. §12-906 to , A.R.S. §12-907 , A.R.S. §12-908 , A.R.S. §12-909, A.R.S. §12-910 will guide any appeal to Superior Court. Other statutes may apply in special cases.