Frequently Asked Questions
How do I use this page?
This page is provided by the ALC to help you prepare for your hearing.
The information applies to the most common kinds of cases that come before
the ALC. The procedures outlined are designed to handle most types of
cases. However, some procedures are optional with each Judge. This page
does not cover all situations that might arise, but it should help you
to better understand the process and prepare your case. You should also
refer to the Rules of Procedure of the Administrative Law Court,
available on this web, by contacting the Clerk's office or by submitting
a request for Rules form.
REMEMBER: It is very important for you to read carefully the documents
sent to you by the ALC. Those documents tell you the issues involved or
the charges brought against you by the agency, what deadlines you must
meet and what rights you have.
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How does my case get
to the ALC?
When an agency receives your request for a hearing, it sends your
case within five working days to the ALC on an Agency Transmittal Form
and forwards a copy to all the parties, which includes you. As soon as
the case is assigned to a Judge, usually within a week, you will be sent
a Notice of Assignment from the ALC which will give you the name of the
Judge assigned to your case and the docket number.
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Who can represent me?
You may be represented by an attorney or you may appear on your own
behalf. It is up to you to decide whether you will retain an attorney.
The ALC cannot advise you on this decision and cannot recommend an attorney.
If you choose to have someone represent you at the hearing only attorneys
or certified public accountants in tax matters may appear on your behalf
and argue your case before the Judge.
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Can I talk to the Judge?
No party or protestant is allowed to speak to the Judge about the
case without all the other parties being involved. Each Judge has a staff
person that you can speak to who can clarify procedural and scheduling
matters and provide information from the case file, but no Judge or ALC
employee can give you legal advice and you should never attempt to discuss
the facts of your case with any Judge or employee of the ALC. Your opportunity
to explain the facts and your position is at the hearing.
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How do I file
documents with the ALC?
In most instances, only written responses, motions and requests will
be considered by the Judge. Documents can be filed with the ALC or Judge
by mail or hand-delivery to the office. When you are required to file a
document by a certain date and you are sending it by mail, you should include
a certificate of mailing stating when you mailed it to the ALC and other
parties. If there is no certificate of mailing then the date the envelope
is postmarked by the U.S. Postal Service will be the date it is considered
filed. Documents delivered by facsimile are not considered filed. Delivery
by any means other than the U.S. Mail delivery will be considered filed
on the date of receipt.
You must always include the docket number on all documents filed
with the ALC. Anything you file with the ALC must be copied to all the
other parties involved in your case. Notify the ALC immediately if your
mailing address or telephone number changes. If you retain an attorney,
all correspondence in your case from the ALC will go to your attorney's
address.
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Can I settle
my case without a hearing?
Cases often settle without going to a hearing. Contact the agency
attorney to see if you can work something out. It is entirely appropriate
for parties to discuss settlement and to resolve a contested case by settlement
at any time. Upon settlement, the case is usually dismissed by the Judge.
A Petitioner may withdraw the request for a hearing at any time by
immediately notifying the Judge in writing. Court costs may be assessed
against you if you do not timely inform the Judge of settlement or withdrawal
of a hearing request.
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Is my hearing like
a real trial?
Your hearing will be very similar to a trial in court, with witnesses,
exhibits and rules of evidence. A Judge will preside. The Judge is employed
by the ALC, not by the agency involved in this action. Normally, an attorney
represents the agency involved.
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How do I prepare for my
case?
Generally, the party requesting the action or relief has the burden
of proof. If you are applying for a license, you must prove that you meet
the qualifications for that license. If you already have a license and
the agency wants to take disciplinary action against you, the agency generally
has the burden of proof. It must establish that you violated the laws or
regulations charged. Even when the agency has the burden of proof, you
should prepare to offer evidence of your good character and conduct, mitigation,
rehabilitation and evidence refuting
the charges, as appropriate.
Depending on the case, you may want to bring witnesses who know about
the issues involved. You should also bring documents (such as contracts,
business records, or checks), photographs, or other items that help prove
your case. With documents, try to bring the original and two copies. Items
introduced at the hearing must be left with the Judge.
The Judge may require parties to file and exchange Prehearing Statements
which include witness and exhibit lists. You have the right to further
information from the agency. Contact the agency attorney to see or copy
the agency file and other relevant evidence. You may have to pay for copies.
The Judge's office can also provide information from the case file. Normally,
you must request information from the agency (a process known as "discovery")
within a reasonable time after receiving notice of your case being assigned
to a Judge. Discovery must be completed before the hearing.
If you are a named party, you have the right to subpoena from individuals,
businesses, and State agencies relevant records or other things to be produced
at the hearing. This type of subpoena is called a "subpoena duces tecum."
Witnesses whose testimony is relevant to your case can come voluntarily
to the hearing, or you may serve a subpoena on a person which would compel
them to be present at the hearing. Contact the ALC Clerk's office prior
to the hearing for subpoena forms and instructions. You must arrange to
have someone else serve the subpoenas and may have to pay a fee.
REMEMBER: This hearing is your chance to tell the Judge your side.
It is important to have any documents or witnesses at the hearing which
will support your case.
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When is my hearing
and who is involved?
The Judge's office will send you a hearing notice containing the
time, place, and date of the hearing. The notice will also contain other
important information that you need to read. The notice will be sent to
you at least 30 days before the hearing date. Your hearing will be held
in Columbia or in some instances, the Judge may schedule your case in the
county in which you hold your permit or license or in a county close to
your residence.
Interested persons that are not actual parties in the case may appear
at the hearing and have limited participation rights as a witness or protestant,
including the right to present testimony and other evidence. A protestant
may be made a party by filing a Motion to Intervene. If a protestant is
made a party, he or she will have the right to cross-examine witnesses,
receive a copy of the Final Decision and have appeal rights. You may contact
the Judge's office or Clerk's office for further information on the difference
between a party and a protestant.
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Is
the hearing location accessible to people with disabilities?
The ALC hearing rooms are accessible to persons with physical disabilities.
If you or other persons planning to attend a hearing have special needs
requiring reasonable accommodation, please contact the Clerk's office as
soon as possible, so arrangements can be made.
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What if I need an interpreter?
If you or a witness need a sign language or foreign language interpreter,
immediately contact the Clerk's office to make arrangements.
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Can the date
of the hearing be changed?
Hearings are postponed only when extraordinary circumstances exist.
You must give the Judge a good reason to change a hearing date. If you
cannot attend on the date and time scheduled, contact the Judge's office
as soon as you know of the problem. To request a change of date, you will
have to file a written request stating the reasons for the change. Make
your request as far in advance of the hearing as possible. If the hearing
date is changed, a new hearing notice will be sent to all the parties.
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What if I don't
attend the hearing?
Unless the Judge informs you that the hearing is postponed, it will
take place when scheduled, even if you are not present. If a hearing is
held and you do not attend, the action requested by the agency may be granted
upon its motion and any relief you seek will probably be denied. If an
emergency arises and you will be late for the hearing, call the Judge's
office to explain the problem. If you cannot reach the Judge's office,
call the Clerk's office.
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What will happen at
the hearing?
When the hearing begins, each party may make an opening statement.
This tells the Judge what that party intends to prove. Each party can then
offer relevant evidence to prove its case. Evidence can be sworn testimony
at the hearing or certain kinds of documents, such as business records.
You must prove the accuracy of documents you submit.
The person(s) or agency who files a petition or asks for a hearing
is usually the "Petitioner." The person or agency against whom the case
is filed is normally the "Respondent."
The petitioner usually presents its evidence first. The petitioner
may testify and may ask questions of its witness(es) which is called "direct
examination." When the petitioner is finished, the respondent may ask questions
of those witness(es) which is called "cross-examination." The petitioner
will have a second chance to ask questions on matters brought up on cross-examination
which is called "redirect." The respondent will then have a second chance
to examine those witnesses which is called "recross."
After the petitioner has presented its witnesses, it will be the
respondent's turn. The respondent may testify and call witnesses. After
the respondent questions each witness, the petitioner will cross-examine.
Like with the petitioner, the respondent will have a second chance, redirect,
to
ask questions of each witness.
After the respondent has presented his or her case, the petitioner
may call rebuttal witnesses to testify only to issues the respondent brought
up in its case. If the petitioner calls rebuttal witnesses, the respondent
may call witnesses to address the issues discussed by rebuttal witnesses.
Few hearings involve rebuttal witnesses.
REMEMBER: Your chance to present evidence is at the hearing. Before
the hearing closes, you must submit all the evidence you want the Judge
to consider. Only in rare cases will the Judge allow new evidence to be
submitted after the hearing is over.
After all testimony is heard, each party can make a closing argument,
with the petitioner usually going first. The party that goes first also
has the right to make a short reply argument. Closing arguments address
only those facts brought out in testimony or in documents received into
evidence. Like opening statements, closing arguments are not evidence.
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Can
I obtain a transcript (written record) of the hearing?
Yes, but you must pay the cost of preparing the Transcript. You will
have to submit a transcript request form to the ALC hearings reporter.
The court reporter will request payment prior to preparing the transcript.
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When
will the Judge issue a decision and can I appeal it?
The Judge that hears your case will issue a written Final Decision.
There is generally no time frame for when the Judge must issue the decision.
A party may appeal the Final Decision within 30 days of its receipt. Contact
the Clerk's office for more information.
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What
if my question is not addressed on this page?
If you have a question regarding your case that is not addressed
on this page and you know the judge's name, you may call and talk to his
or her assistant. If you do not know the judge assigned to your case or
have a general question about procedures or other matters, you may contact
the Clerk's office.
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Search
Tips / How do I find my case on the ALC Website?
Our cases are available on the website approximately 2 weeks after
the decision is made. You can search on the full text of the documents
using the search engine available in each of the agency directories. You
can also use Ctrl-F to find words on a particular page, such as a name
for instance. This is a built-in function of most browsers.
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How do I use the
downloadable forms?
You must have the free Adobe Acrobat Reader in order to view and
print the forms. You need to print them out and then fill them in and return
them to our office by the proper filing dates.
For best results when printing the document, select the "print as image"
option on the Adobe Acrobat print dialog.
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