Chapter 8.administrative agency hearings

1. Administrative Agency
Hearings

2. What is a hearing?
A proceeding that “investigates, declares,
and enforces liabilities as they stand on
present or past facts, and under laws
supposed to already exist.”
Similar to civil or criminal court trials
Procedures are formulated in agency
statues and administrative procedure acts

3. When is a hearing needed?
Usually held after all other processes
offered by the agency to reach an
agreement have been exhausted
Claimant feels their has been a violation of
their rights

4. Louisiana Assoc. of Independent
Producers and Royalty Owners v.
FERC ( 1992)
Group of entities concerned about how
FERC conducted its business dealings,
including its methods of due process and
hearings
Court upheld agency’s discretionary power
to decide how it would conduct hearings.

5. Steps for Obtaining a Hearing

6. Determination of Need
An agency has to determine there is a valid
need for a hearing.
Usually occurs after someone files an
appeal and receives a response from the
agency

7. Pre-hearing Procedures
Processes agencies follow before a hearing
occurs. Generally include the following:
Notice – informs the parties of the time, type,
and place of the hearing and the laws that relate
to the hearing. Can be challenged if there is
insufficient time for preparation
Parties – participants of the hearing. May also
include those economically harmed or those
qualified for some non-economic reason.

8. Pre-hearing Procedures
Discovery – gathering and exchange of
information to prepare for the hearing. Not
considered a guaranteed right. Agency rules
govern procedures
Conferences – used to clarify issues or stipulate
certain facts for discovery.

9. Hearings
Similar to court hearings
Opening statements, witness examination, court
examination, presentation of evidence, closing
arguments
If the agency has to statutorily provide a
“hearing on the record,” the guidelines
under the APA are followed, otherwise
agency has discretion on how the meeting
is conducted.

10. Participants in a Hearing
Judges – conducts the hearing. May be an ALJ.
Individual has to be independent/neutral, without
conflict.
Paralegals – Assist in all procedures and stages of
the hearing
Attorneys – person that becomes the combatant
for the client.
Expert witness – because of subject matter
expertise, they are able to explain or refute
evidence.
Other witnesses – like in a court setting, these
individuals are sworn in and must answer truthfully.

11. Stages of a Hearing

12. Presentation of Evidence
In general, may not follow the Rules of
Evidence as in court setting
Hearsay evidence may be admissible; may
not follow the exclusionary rule; may allow
illegally obtained evidence
Privileges may be recognized.

13. Proof
Burden is on the party that initiated the
claim
Usually a preponderance of the evidence
standard – 51% or greater
If a civil rights claim – clear and convincing
evidence.

14. Findings
The results and conclusions arrived at after
the evidence has been presented
Two types
Proposed findings by the parties after the
hearing and before the decision
Findings presented by the judge to back up the
decision
Usually in writing

15. Hearing Decision
Form of the decision by ALJ can be either:
Initial decisions – usually upheld by agency and
becomes final if not contested or appealed.
Usually issued by agency
Recommended decisions – a decision of law or
policy. Given to agency head, who reviews and
decides on action to take.

16. Hearing Decision
All decisions should state reasons upon
which they are based.
Should be supported by law or fact.

17. Gonzalez v. Freeman (1964)
Action for declaratory and injunctive relief
relating to an administrative action
debarring plaintiffs from participating in
certain contracts
Court held “Absent…procedural regulations
and absent notice, hearing, and findings in
this case, the debarment is invalid.
This was an abuse of agency discretion.