Administrative Hearing Advice

[Erica Abbott]

Hello all:) Just got booked for a 3-day Administrative Hearing here in Upstate, NY. Because I am freelance, I really only do depositions. Can anyone tell me what I can expect going into this? Is it like an actual trial where there is a courtroom and a judge is sitting up at a bench, or is it like an arbitration? Only asking because I see there is an ALJ, and the description I found on line, to me, sounds like a form of an arbitration.

Thanks for any suggestions. I just really like being organized and prepared. It's so nice to have vets here who know what they're talking about:)

[Erica Abbott]

Thank you thank you thank you!

[Jennie Ann]

There is no jury. The administrative law judge is the jury and may issue an oral Final Decision at the conclusion of the trial. The trial could be one day, and it could last several days.

Sometimes the administrative law judge will issue a written Final Decision at a later time after the conclusion of the trial.

[Erica Abbott]

lol. Jennie, you explained it completely clear the first time. I should have paid attention when I wrote my reponse. The word "trial" was supposed to be "jury." I am so sorry. Things have been CRAZY around here lately, and the late nights are, obviously, affecting my brain.

Thanks for trying to explain it again. I must have sounded really dense. I just wondered if there was a jury;)

[Jennie Ann]

The administrative hearings I have attended were set up EXACTLY like a court trial, with multiple witnesses, a judge, and two parties with attorneys present.

Witnesses were sworn, and there were cross, direct, recross, redirect, rebuttal, surrebuttal, and voir dire examinations done.

The administrative hearings I have attended were not like a deposition at all.

There was one administrative law judge present making rulings and final decisions on the record sometimes at the end. There were opening and closing arguments, with exhibits marked and admitted.

I don't know how else to explain it any more clearly. Hope this helps

[Erica Abbott]

lol. How funny to get two completely different answers;) Was there a trial for either one of these instances?

Thanks!!

[Patricia Babits]

I've only done one. It was held in a conference room just like a depo. There will be an administrative law judge. Don't swear in the witness because they will do it. There will probably be multiple witnesses. I really liked doing the hearing because it felt like a mini-trial and was something different. I'd ask the firm to send you transcript of a hearing so that you can see the format for when you transcribe.

[Jennie Ann]

I used to do administrative hearings for NTSB (National Transportation Safety Board), and they were just like court trials, in my opinion, with the administrative law judge, witness box, and lawyers representing each side.

One of my memorable NTSB administrative hearings was one in which F. Lee Bailey was representing one of the parties. I was a little starstruck and tried not to look at him too much. LOL