Get Ca Oah-1 2020-2026

A person seeking to appeal an administrative decision must file a notice of appeal with the local government clerk or other official as designated by the local government ordinance. The notice of appeal must state the grounds for appeal.

Administrative law hearings are less formal than court-room trials. Administrative law judges (ALJs) run the hearings. They are neutral judicial officers who conduct hearings and settlement conferences. If you do not win, you can ask the superior court to review the hearing decision.

You can only request the court to review an agency decision that is final. This means there are no more actions for the agency to take, and you do not have the option to appeal further at the OAH or within the agency. To request a court to review the agency decision, file a petition with the circuit court.

An appeal must be filed within 90 days of the date the party receives the decision. The state superior court or the federal district court will require a written transcript of the hearing. A party may request a transcript of the hearing by sending a written request to OAH.

If either party disagrees with a judge's decision, they can ask the Provincial/Territorial Courts of Appeal or the Federal Court of Appeal to review it. If the appeal court allows the appeal, it can: reverse or change the judge's decision, or order a new trial or hearing. Otherwise the decision stands.

The administrative hearing process is similar to being in court for a trial. However, an administrative hearing involves disputes under the authority of governmental agencies. An administrative hearing establishes a record of facts in a particular case toward some type of resolution.

Generally, the burden of proof in administrative hearings is preponderance of the evidence. This standard is different from the beyond a reasonable doubt standard in criminal trials. For evidence to meet this burden, it must be probative and reliable.

The appeal shall be made by the party adversely affected by the decision by filing a Notice of Appeal with the President within fifteen (15) days from receipt of the decision unless a Motion for Reconsideration is seasonably filed, which Motion shall be decided within fifteen (15) days from date of filing thereof.

One of the major differences between a traditional court proceeding and an administrative hearing is that the presiding administrative law judge serves as the trier of fact. In other words, administrative law proceedings are virtually always conducted as bench trials.