Administrative Agency Hearings

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 trialsProcedures are formulated in agency statues and administrative procedure acts

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

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.

Steps for Obtaining a Hearing

Determination of NeedAn 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

Pre-hearing ProceduresProcesses 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.

Pre-hearing ProceduresDiscovery – 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.

HearingsSimilar 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.

Participants in a HearingJudges – 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.

Stages of a Hearing

Presentation of EvidenceIn 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.

ProofBurden 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.

FindingsThe results and conclusions arrived at after the evidence has been presented

Two typesProposed findings by the parties after the

hearing and before the decisionFindings presented by the judge to back up the

decision

Usually in writing

Hearing DecisionForm 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.

Hearing DecisionAll decisions should state reasons upon which they are based.

Should be supported by law or fact.

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.