• Services
• Attorneys
• Tools
• News & Events
• Contact Us
• About Us

Home / News & Events / Appearing Before The Office of Administrative Hearings

Appearing Before The Office of Administrative Hearings

By Scott J. Richardson

The Office of Administrative Hearings, otherwise known as OAH, hears contested matters involving state boards, commissions, departments or administrative units of the State. In short, OAH is the judicial clearinghouse for actions by boards or agencies such as Registrar of Contractors, Board of Appraisers, Arizona Board of Realtors and many others.

As a lawyer who practices before OAH, I often see ill-prepared parties, poorly presented evidence, and people that underestimate the importance of the hearing. All of this can have a negative impact on your case.

The law gives all parties the opportunity to respond and present evidence, but the hearings are generally conducted in an informal manner and do not have to adhere to the rules of evidence required in judicial or court proceedings.

The relatively relaxed evidentiary requirements of an OAH hearing, coupled with a lack of preparation, have caused many professionals to be poorly represented in such proceedings and dissatisfied with the ultimate outcome. Here are some simple rules to consider in appearing before OAH.

1. Know the Importance: The OAH hearing will result in recommended findings of fact and conclusions of law, and a recommended decision, which will be referred back to the agency or board. Having strong facts in your favor, developed at an OAH hearing can prevent or lessen unintended outcomes.
2. Prepare and Present Evidence Properly: Although the rules of evidence are relaxed, it is important to follow them to the best of your ability. The rules exist for many reasons. Evidence may be excluded if it is prejudicial; objections can be made. Present evidence making certain that the parties with direct knowledge are prepared to testify to or to otherwise offer evidence. Hearsay will likely be rejected out-of-hand by the OAH judge.
3. Make an Impression/Make an Appearance: The OAH judges try their best to do justice and work hard. Respect them by appearing at the hearing dressed appropriately. This is a dignified proceeding. This is not a joke. Be neat, be clean, and dress to show that you understand the importance of the proceeding. If you are in construction, do not come directly from a job site in your work clothes. In addition, arguing, interrupting and presenting useless diatribes will not win points with the judge and may even hurt your position.
4. Tie it Altogether: Facts can be presented in a scattered, unenlightened way causing the listener to never fully understand your position. Instead, you should outline your facts and put them in a cohesive order that will clearly lead the listener to understand why you should prevail.
5. Consider Using an Attorney: If the regulatory agency or board from which the action stems has adjudicative authority, in certain circumstances you may be able to get your insurance company to defend you. In the case of a consumer complaint and other limited circumstances, your insurance policy may provide you with a lawyer under the doctrine of "Preclusive Effect". Even if your policy does not provide a lawyer, consider the importance of the proceeding. If a consumer brings a complaint against you and if it is adjudicated before OAH, regulatory agency or board, those findings of fact and conclusions of law may be binding if the consumer later brings a money damage lawsuit against you. The OAH hearing is the start of the civil trial that may follow. Courts have given "Preclusive Effect" to administrative finding, meaning that those facts and conclusions of law may not be re-litigated later. In short, if you lose before OAH, you lose before the civil court on the same issues.

Give OAH matters serious weight, be prepared, make an analytical and logical presentation of your facts and consider using an attorney. You'll greater increase the odds that you will be pleased with the OAH outcome.

Jaburg & Wilk offers representation to clients before dozens of different regulatory agencies and boards.