Office of Administrative Hearings - repository.asu.edu

1 10. HEAR TODAY, GONE TOMORROW!Once the hearing time and date has passed, thehearing cannot be reset by just a telephone call, so do notcall the Office of Administrative Hearings (OAH) and ask for ahearing. Read the Notice of hearing for the date, place, andtime of the scheduled hearing . In most cases, the hearingwill be held in Phoenix, Arizona. The OAH also maintains aTucson Office . Periodically , there are cases (primarily ChildProtective Services and Registrar of Contractors) that areheard in other venues (Flagstaff, Kingman, Lake Havasu,Prescott, Show Low, Sierra Vista, and Yuma).9. HEY ROCKY, WATCH ME PULL A RABBIT OUT OF MYHAT! Do not come to the hearing and apologize that youdo not have any of the important documents or evidence thatyou wish the Administrative Law Judge to consider.

2 This isthe parties day to be heard, so come to the hearing a party comes to the hearing unprepared and informs theTOP TEN THINGS NOT TO DO AT ANADMINISTRATIVE hearing Official Newsletter of the Arizona Office of Administrative HearingsTheOAH Vol. 17 Questions:1. Attentiveness of ALJ2. Effectiveness in explaining the hearing process3. ALJ s use of clear and neutral language4. Impartiality5. Effectiveness in dealing with the issues of the case6. Sufficient space7. Freedom from distractions8. Questions responded to promptly and completely9. Treated courteouslyEvaluations of OAH ServicesNote: The four major groups of respondents are: Representedprivate party; unrepresented private party; counsel for a privateparty; and counsel for the agency.

3 The respondents fill out theevaluations immediately after the hearing and the evaluations arenot disclosed to the ALJ 2000 The Office of Administrative Hearings (OAH) began operations on January 1, Hearings previously provided by regulatory agencies (except thosespecifically exempted) are now transferred to the OAH for independent statutory mandate is to ensure that the public receives fair and independentadministrative Hearings . The process of unifying the Administrative Hearings function in OAH-style agenciesbegan in 1961 with California. The current states having adopted the model, with yearof inception are: Arizona (1996), California (1961), Colorado (1976), Florida (1974),Georgia (1995), Illinois (1997), Iowa (1986), Kansas (1998), Louisiana (1996), Maryland(1990), Massachusetts (1974), Michigan (1996), Minnesota (1976), Missouri (1965), NewJersey (1979), North Carolina (1986), North Dakota (1991), Oregon (1999), SouthCarolina (1994), South Dakota (1994), Tennessee (1975), Texas (1991), Washington(1981), Wisconsin (1978) and Wyoming (1987).

4 Mission Statement:Mission Statement:Mission Statement:Mission Statement:Mission Statement: We will contribute to the quality of life in the State of Arizona by fairly and impartially We will contribute to the quality of life in the State of Arizona by fairly and impartially We will contribute to the quality of life in the State of Arizona by fairly and impartially We will contribute to the quality of life in the State of Arizona by fairly and impartially We will contribute to the quality of life in the State of Arizona by fairly and impartiallyhearing the contested matters of our fellow citizens arising out of state the contested matters of our fellow citizens arising out of state the contested matters of our

5 Fellow citizens arising out of state the contested matters of our fellow citizens arising out of state the contested matters of our fellow citizens arising out of state Ten(continued page 2) Office of Administrative Hearings1400 West Washington, Suite 101 Phoenix, Arizona Kowal, Administrative Law JudgeThis publication is available in alternative OAH is an equal opportunity Dee HullGovernorCliff J. VanellDirectorDirector s note: OAH is committed to fairness and makinghearings accessible to all. This article is the third in what we atOAH plan to be a series of informational articles to educate thepublic and parties who appear before us about the hearing processand how to better present their cases.

6 The current article is derivedfrom David Letterman s Top Ten List and, although there is somehumor injected, the topics are serious and intended to provideuseful information. This and previous articles are available onOAH s website at www. Responses 1st Quarter050100150200250300350400 Question 1 Question 2 Question 3 Question 4 Question 5 Question 6 Question 7 Question 8 Question 9 ExcellentGoodAveragePoorAdministrative Law Judge that documents, photographs, andother items exist but were not brought to the hearing , it is as ifsuch items do not exist. Judges need to review that such evidence exists, without bringing it tothe hearing , are not going to be helpful to a party s case. Whena party brings exhibits to the hearing , copies should be broughtfor the Judge and for the other MY DOG ATE MY WITNESS.

7 Do not show up at the hearing and inform the Adminis-trative Law Judge that ten witnesses could have been broughtto the hearing who would testify that .. If witnesses wouldbe helpful to a party s case, a party should ensure their appear-ance at the hearing so the Judge can observe them and listento their testimony. Parties may subpoena witnesses in accor-dance with OAH Rule 2-19-113. If a witness cannot physicallybe present, a party may file a request to have a witness appeartelephonically. If you wish to proceed in that manner, see OAHRule TABLE FOR TWO? Do not bring any snacks, chewing gum, chewingtobacco, food, or beverages into the hearing room. Pitcherscontaining water are made available in the hearing room foruse by the parties, witnesses, and observers.

8 All food items,other than bottled water, are to remain outside the hearing roomUnrepresented Responses 1st Quarter050100150200250 Question 1 Question 2 Question 3 Question 4 Question 5 Question 6 Question 7 Question 8 Question 9 ExcellentGoodAveragePoorAgency Response to Recommended Decisions July 1 - September 30, 2000123 4136134110200400600800100 0120 0140 0 Agency acceptsw it ho ut modif ic ationA gen cy amend sfind in gs offacts/c onclusions oflaw onlyA gen cy amend sre commen ded or deronlyAgency rejec ts ther e c ommen deddec is io nALJ Dec is ion Certifiedas Final Upon A ge ncyInactioncasesA gency acce pts w i thou t mo dif i cati on90%Agency am ends findings of facts/conclusions of law only1%Agency rejects the recomm ended decision3%ALJ decision certi fied as final upon agency inaction1%Agency am ends recom mended order only5%2,378 Cases Filed July 1, 2000 - September 30, 2000*Note: Appealable Agency Actions are agency actions taken before an opportunity for ahearing.

9 A typical example would be the denial of a license. A party is entitled to a hearingbefore the OAH before the action becomes final. Contested Cases involve actions yet to bedetermined by an agency. An example would be proposed discipline on a professional licensewith the possibility of suspension or revocation. Parties are entitled to a hearing before theOAH prior to the agency 3page 2 1st Q FY 20011st Q FY 2001 1st Q FY 20011st Quarter Statistics At A GlanceAcceptance Rate:ALJ findings of fact and conclusions of law were accepted of all recommended decisions acted upon by theagencies.* ALJ decisions, including recommended orders,were accepted without modification in of all recom-mended decisions acted upon by the agencies.

10 Of allagency modification was of the order only ( penaltyassessed).Appeals to Superior Court:The appeal rate was , defined as appeals taken (53)over Hearings concluded (1578).Rehearings:The rehearing rate was .697%, defined as rehearings sched-uled (11) over Hearings concluded (1578).Completion Rate:The completion rate was , defined as cases completed(1578) over new cases filed (2378).Continuance:The average length of a first time continuance based on asample of cases (first hearing setting and first continuanceboth occurred in the 1st quarter) was 42 days. The frequencyof continuance, defined as the number of continuances granted(207) over the total number of cases first scheduled (1557),expressed as a percent, was The ratio of firstsettings (1557) to continued settings on the calendar (235) was1 to : Hearings conducted: 66%; vacated prior to hearing : 32%; Hearings withdrawn by agency: 2%.