Contested case hearing is the name for quasi-judicial administrative hearings governed by state law.[which?] 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
II. Hearing: where witnesses are called to testify and evidence is submitted
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.[1]
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 adjudicative hearings on the record. The statute begins by articulating the substantial evidence test, which actually requires that decisions be made on “reliable, probative and substantial evidence”, as follows:
.....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 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....
The APA then continues by making it clear that reliability depends upon cross examination:
A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making or determining claims for money or benefits or applications for initial licenses an agency may, when a party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form.