117-10 CONDUCTING THE FAIR HEARING
The fair hearing will be attended by the administrative law judge, the DPA hearing representative, the client, and/or the client's representative.
The client may also have relatives and friends present at the hearing. At the discretion of the administrative law judge, other persons may attend the hearing as observers.
The hearing is conducted at the Office of Administrative in Anchorage. Depending on their location, the client may or may not need to participate in person:
If the
client and/or the client’s representative reside in Anchorage, they
are requested to appear in-person. If the client and/or client representative
fail to appear in person, the administrative law judge will attempt
to contact the client and/or client representative via telephone at
the telephone number identified on the fair hearing request or CAP
1.
Clients and representatives residing outside Anchorage may participate by telephone
The administrative law judge is responsible in connecting all parties for telephone hearings. Two weeks prior to the scheduled hearing, the client must contact the Office of Administrative Hearings and provide a telephone number where they can be reached for the scheduled hearing.
The Office of Administrative Hearings will mail the Notice of Scheduled Fair Hearing to the client and the agency. The notice includes the hearing time, date, location, telephone number to call each party, and instructions on what must be done by each party prior to the hearing.
117-10 B. RIGHTS DURING THE HEARING
After the hearing record is opened, but prior to discussing the issues of the case, the administrative law judge will inform the client of his or her rights concerning the hearing process.
The client and his or her representative have the right to:
Examine all documents to be used at the hearing, including exhibits, allowing sufficient time for preparation of the case;
Represent himself or herself at the hearing, or be represented by an attorney or any other person who may be helpful in the presentation of the case;
Present witnesses and documents pertinent to the case;
Establish facts and advance arguments pertinent to the case without undue interference; and
Question or refute testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses.
117-10 C. THE ACTUAL HEARING SESSION
The hearing will be conducted in an informal atmosphere. While the basic rules of order and due process will be followed, it must be realized that a client may not be familiar with the rules of order. Thus, every effort must be made to arrive at the facts of the case in a way that makes the client feel most at ease.
The entire hearing will be recorded on tape to ensure a complete record of the hearing. All testimony must be given under oath, administered by the administrative law judge.
The purpose of the hearing is to obtain all the testimony and evidence which bears on the issue and which will aid the administrative law judge in deciding the dispute. For this reason, the hearing authority may choose to admit testimony not directly related to the original request for hearing, and may choose to introduce evidence which is not introduced by other parties, but which relates to the issue.
The only evidence automatically inadmissible is that which the client does not have an opportunity to hear, see, and respond to. For example, anonymous reports or information protected from release to the client or his or her representative cannot be used as evidence or influence the decision in any way.
If the administrative law judge finds there is additional evidence or testimony required, and there is good cause for doing so, the administrative law judge may recess the hearing to be continued at a later date to allow either party to present the information.
The administrative law judge may also reopen a previously closed hearing record for additional evidence and testimony when necessary before making the decision.
If, during the course of the hearing, an allegation is made of improper or illegal conduct on the part of a Division staff member who is not present, the administrative law judge may immediately recess the hearing until that employee is present to hear and respond. If evidence is discovered or allegations are made which appear to involve the possibility of criminal acts on the part of any person (present or not present), and continuation of the hearing may possibly compromise the rights of that person, the administrative law judge may recess immediately and consult with the Director or Attorney General's office on the proper way to proceed.
The hearing record will include the tape recording of the hearing itself, copies of the exhibits, the agency's hearing position statement, the scheduled hearing notice(s), the hearing request, and all other documents submitted to the administrative law judge for inclusion in the hearing record. The record of the hearing, or a copy of it, must be made available on request to the client or the client's representative at any time within reason. All requests for copies of the hearing record will be forwarded to the administrative law judge for action.
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