Contested case hearing: Difference between revisions

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'''Contested case hearing''' is the name for [[quasi-judicial]] administrative hearings governed by state law.{{which|date=October 2011}} State agencies that make decisions that could affect people's “rights"rights, duties, and privileges”privileges" must have a process for holding contested case hearings. The purpose of these hearings is to provide the decision-makers with the most complete and relevant information they need to make a proper decision. These hearings are like an informal [[court proceeding]]. They have three parts:

{{Orphan|date=February 2014}}

'''Contested case hearing''' is the name for [[quasi-judicial]] administrative hearings governed by state law.{{which|date=October 2011}} State agencies that make decisions that could affect people's “rights, duties, and privileges” must have a process for holding contested case hearings. The purpose of these hearings is to provide the decision-makers with the most complete and relevant information they need to make a proper decision. These hearings are like an informal [[court proceeding]]. They have three parts:

I. Pre-hearing: where the parties and scope of the hearing is decided

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III. Post-hearing: where the parties propose and advocate for a particular outcome

After these three phases are complete, the decision-makers decide to either approve, deny, or approve with conditions whatever it is that is being proposed. The decision can either be made at the final hearing or a later public meeting.<ref>http://www.hawaii.edu/elp/publications/faculty/Jarman/makingyourvoicecount.pdf {{Bare URL PDF|date=March 2022}}</ref>

==Right to cross examine==

One of the fundamental rights afforded to parties in contested cases is the right to [[cross examine]] evidence presented against that party. Section 5 USC 556(d) contains the fundamental right to cross examine evidence used in [[Adjudication|adjudicative]] hearings on the record. The statute begins by articulating the substantial evidence test, which actually requires that decisions be made on “reliable"reliable, probative and substantial evidence”evidence", as follows:

<blockquote>

<blockquote> Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A [[Sanctions (law)|sanction]] may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence.</blockquote>

</blockquote>

The APA then continues by making it clear that reliability depends upon cross examination:

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The 1947 Attorney General's Manual on the [[Administrative Procedure Act (United States)|Administrative Procedure Act]], issued as a contemporaneous explanation of the Act, emphasizes the importance of the right of cross examination in adjudicative hearings to assure fundamental fairness. The Manual begins by explaining that technical rules of evidence will not be followed, provided that agency action is supported by reliable, [[probative]] and substantial evidence:

<blockquote>

"The second sentence of section 7(c) [now 5 USC Section 556(d)] provides that "Any oral or documentary evidence may be received, but every agency as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence.{{nbsp}}... Under section 7(c) it is clear that, as before, the technical rules of evidence will not be applicable to administrative hearings.{{nbsp}}... Agency action must be supported by "reliable, probative, and substantial evidence."{{nbsp}}... Nor is an agency forbidden to draw such inferences or presumption as courts customarily employ, such as the failure to explain by a party in exclusive possession of the facts, or the presumption of continuance of a state of facts once shown to exist.

</blockquote>

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{{Reflist}}

[[Category:Law of the United States law]]