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Considerations in Handling Administrative Hearings

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Submitted By adminhearings123
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The public generally views lawyers exactly as they are shown on television – arguing passionately to a jury of twelve (sometimes angry) men and women along with a judge who serves as an unbiased decider of all things legal. In reality, lawyers often practice law in many different forums, including administrative hearings, where the lines of neutrality and fairness may appear (at least to one side) to be a little more blurry. The topic of administrative hearings was recently discussed by judges and lawyers during a Karl D. Kessler Inn of Court meeting. Some of the “best practice” recommendations made during that meeting, especially as they relate to defending a client in an administrative hearing, are certainly worth putting on paper.
Before the Hearing
“The Early Bird Gets the Worm” – Typically, you will NOT have one or two years to collect evidence and learn all the relevant facts prior to an administrative hearing. Right away, you must learn as many facts as you can and assess what, if any, discovery can be undertaken before the hearing. You may need to schedule depositions with little or no advance preparation. When permitted, you should ask for discovery from the agency or issue subpoenas as soon as possible. For example, some agencies will produce documents related to the case but require at least three weeks to do so. If you wait until the hearing is scheduled, you may not have enough time to receive and review the file. You should also be willing to ask the other side for basic stipulations early in the process.
Identify the Legal Issues – Identify the legal issues and find authority for your position as to each legal issue. One potential starting point is the Administrative Law Handbook, which is updated annually by the Ohio Attorney General’s Office and available on-line. The handbook is similar to Ohio Jurisprudence in that it

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