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Q: What is an administrative hearing and who conducts the hearing?
A: An administrative hearing is a quasi-judicial formal dispute resolution forum between individuals and an agency of the government. The Minnesota Office of Administrative Hearings (OAH) is the state agency that presides over hearings and mediations between state agencies and individuals when challenges to government actions are made. These “contested cases” can vary widely depending upon the specific rules and laws governing the individual agency or board which has taken the action, and the hearing itself may be conducted in person or over telephone conference.
Q: Is an administrative hearing like a court trial?
A: Hearings in contested cases are similar in nature to a court trial with the key difference being that the case will be heard by an Administrative Law Judge rather than a jury. Contested case hearings rely upon documents, records, witness testimony, and other relevant evidence to be considered by the judge presiding over the hearing.
Q: Am I required to have an attorney represent me in an administrative hearing?
A: You are not required to be represented by an attorney, and you have the right to represent yourself in the matter the same as you would in any court action. Listug Law Office strongly recommends that you consult with a licensed attorney prior to your administrative hearing. Agency rules and procedures can be complex, and the hearing process can be intimidating. In most cases the state agency who is the other party to a contested case will be represented by an attorney.
Q: How do I contest an action by a state or local government agency against me or my business? Or, “I have received a Notice of Hearing.” What do I do now?
A: Depending the nature of your issue and which state agency you are dealing with, you will receive written correspondence from the agency detailing their action, your rights to appeal, or the subject matter of a scheduled hearing. Your right to appeal may be extremely time sensitive. If you have received notice from an agency and wish to contest their actions, Listug Law Office strongly recommends you speak with an administrative law attorney immediately to discuss your options.
Administrative Hearings Frequently Asked Questions
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