Administrative Hearings

National Association of Hearing Officials

National organization dedicated to improving the fairness and effectiveness of the administrative hearing process

Administrative Agencies

have the power to make decisions regarding issues that affect an individual’s rights. Those decisions, or quasi-judicial actions, however, are limited to issues that concern a particular administrative agency

Adminnistrative Hearing Officer

he entity within an administrative agency authorized to conduct hearings and make decisions regarding an agency’s actions and the individuals whom those actions impact

Administrative Hearing

An administrative hearing is a preliminary hearing, conducted by an administrative hearing officer, to determine whether there is probable cause (belief based on fact) to believe an offender has committed a violation.

Due Process

A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and have the opportunity to be heard before the government acts to take away one’s life, liberty, or property.

Due Process Requirement

• Administrative Hearings

• Final Violation Hearings

Jurisdication is had over a case when there is a _____ or ______

• Citation

• Warrant

Preponderance of Evidence

More likely than not that the violation occured

Types of Evidence:

• Documentary

• Oral

Documentary Evidence

Written, verbal, or visual recordings

Oral Evidence

Oral testimony intended to demonstrate either that the violation occurred or that the circumstances excuse or mitigate violation

Three R’s

• Reliability

• Relevance

• (Not) Repetituous

Seqquestration

to seperate / segregate

Ex Parte Communication

on one side only

Required to proceed with administrative hearing

• Warrant or Citation

• Notice of Administrative Hearing / Acknowledge of Notice

• Violation report