.03 Office of Appeals Responsibilities - Conducting Hearings
(04/01/16 - 05/31/16)
The following persons must attend the hearing:
An FAA representative from the Appeals Processing Unit (APU). The representative is the department witness responsible for answering any questions asked by the Hearing Officer.
The appellant (or representative or legal counsel).
NOTE The appellant may be accompanied to the hearing by anyone they choose.
A representative of the appropriate program, when the hearing is based on an action taken by Jobs, Refugee Job Service Programs, NA Employment and Training, or DCSS.
The appellant or representative present the facts and knowledge of the case, and has an opportunity to address the following:
Present witnesses
Present evidence
Advance arguments
Question or refute testimony or evidence
Cross-examine witnesses
Examine all evidence introduced by any party at the hearing
The burden of proof rests with the appellant to prove statements by presenting evidence.
DO NOT introduce any documents or records in the hearing to which the appellant is not allowed to have access. (See Participant Review of Case Information)
Hearing Officers employed by DES preside over hearings and complete the following as applicable:
Administer oaths
Ensure relevant issues are considered
Request, receive, and record all evidence necessary to decide the issue
Regulate and conduct the course of the hearing with due process to ensure an orderly meeting
Consider relevant medical, social, and vocational reports. Such reports are not binding on the Hearing Officer.
NOTE The appellant's testimony regarding their physical or mental condition is considered.
Subpoena witnesses or documents requested by FAA or the appellant. Requests for subpoena must be in writing and submitted to the Office of Appeals at least FIVE workdays(g) before the hearing. (See Office of Appeals Address)
Requests must be for materials or witnesses relevant to the issues of the hearing, otherwise the request will be denied. Documents requested must be described in detail, and include the address of custodian of the records.
Subpoenas are served by certified mail, return receipt requested.
Submit requests for subpoenas for information to the Office of Appeals within THREE workdays, unless the hearing officer chooses to accept with fewer days notice.
Create hearing records and render decisions, indicating the reasons and supplying supporting evidence and regulations for the decision.
Schedule hearings to establish good cause for nonappearance only when requested by the appellant within TEN workdays of the originally scheduled hearing.
Reschedule the hearing when both of the following apply:
The appellant requests the proceedings to be reopened within TEN workdays from the scheduled hearing.
Good cause is established for nonappearance at the originally scheduled hearing.
Notify all involved parties of the rescheduled date as applicable.
Take action for proper disposition of the hearing as allowed under federal and state laws and regulations.
The Hearing Officer may take the following actions when good cause is shown on their own motion or at request of any interested party:
Disqualify themselves
Continue the hearing at a future time
Reopen a hearing to consider additional evidence before a decision becomes final