The

Jane Dee Hull
Governor

OAH

Cliff J. Vanell
Director

Vol. 25
October 2002
www.azoah.com

Official Newsletter of the Arizona Office of Administrative Hearings

WHAT TO PACK FOR YOUR ADMINISTRATIVE HEARING:
THE EVIDENCE TO PRESENT
Kay Abramsohn, Administrative Law Judge
Director’s note: OAH is committed to fairness and making hearings accessible
to all. This article is part of a series of informational articles to educate the public
and parties who appear before us about the hearing process and how to better
present their cases. The following article may be found at OAH’s website at
www.azoah.com along with all previous articles published in the OAH Newsletter.

When you come to your administrative hearing, you will
be asked to present your case. The information you
present for your case may be slightly different, depending on the type of case you are involved in. Generally,
you are presenting to the Administrative Law Judge (ALJ)
your disagreement with a determination that was made
against you or the information being used against you.
Perhaps you will be presenting your information about
problems with the way something was done, why something should be done differently, or why something
should now happen or be completed for you. The
following descriptions are generally the types of hearings
that you may be involved in.
Type 1. You are a licensed individual or company and
the regulating agency wants to take some action against
your license either because a complaint was filed
against you by another person, or because the agency
has made some investigation and found some factual
information it believes to be important. Generally, you
are presenting your disagreement with the agency’s
action and why it should not happen.

Type 2. You are trying to become licensed or qualified for something or some benefits and the regulating
agency has denied your application. Generally, you
are presenting an explanation of the information the
agency used against you or additional information in
your favor which you feel the agency did not, but
should, take into account.
Type 3. You are the person who filed the complaint
against a licensed person or company and are
presenting your version about what has happened.
Generally, you are presenting why you think your
complaint has merit and what you believe should
happen next on your behalf.
Type 4. You are a person against whom an agency
has made a determination with which you disagree
and want reconsidered. Generally, you are presenting
why you disagree, your reasons for your disagreement and the supporting law, facts, documents or
witness testimony supporting your position.
In all of these cases you must present information to
the ALJ. You may be aware that in the judicial courts

“What to Pack”
continued on page 2

The Office of Administrative Hearings (OAH) began operations on January 1, 1996.
Administrative Hearings previously provided by regulatory agencies (except those
specifically exempted) are now transferred to the OAH for independent proceedings. Our statutory mandate is to “ensure that the public receives fair and independent administrative hearings.”
The process of unifying the administrative hearings function in OAH-style agencies

began in 1945 with California. The current states or cities having adopted the
model, with year of inception are: Arizona (1996), California (1961), Colorado
(1976), Florida (1974), Georgia (1995), Chicago (1997), Iowa (1986), Kansas (1998),
Louisiana (1996), Maine (1992), Maryland (1990), Massachusetts (1974), Michigan
(1996), Minnesota (1976), Missouri (1965), New Jersey (1979), New York City (1979),
North Carolina (1986), North Dakota (1991), Oregon (1999), South Carolina (1994),
South Dakota (1994), Tennessee (1975), Texas (1991), Washington D.C. (1999);
Washington (1981), Wisconsin (1978) and Wyoming (1987).

Mission Statement:
We will contribute to the quality of life in the State of Arizona by fairly and impartially hearing
the contested matters of our fellow citizens arising out of state regulation.

1st Quarter Statistics At A Glance
Acceptance Rate:
ALJ findings of fact and conclusions of law were accepted in
95.51% of all Administrative Law Judge decisions acted upon by
the agencies.* ALJ decisions, including orders, were accepted
without modification in 91.74% of all Administrative Law Judge
decisions acted upon by the agencies. 67.39% of all agency
modification was of the order only (i.e. penalty assessed).
Appeals to Superior Court:
There were 11 appeals filed in Superior Court.
Rehearings:
The rehearing rate was 1.12%, defined as rehearings scheduled
(10) over hearings concluded (891)**.
Completion Rate:
The completion rate was 103%, defined as cases completed
(1694) over new cases filed (1644).
Continuance:
The average length of a first time continuance based on a
sample of cases (first hearing setting and first continuance both
occurred in the 1st quarter) was 46.73 days. The frequency of
continuance, defined as the number of continuances granted
(242) over the total number of cases first scheduled (1661),
expressed as a percent, was 14.57%. The ratio of first settings
(1661) to continued settings on the calendar (208) was 1 to
0.13.
Dispositions:
Hearings conducted: 53.5%; vacated prior to hearing: 43.6%;
hearings withdrawn by the agency: 2.9%.
Contrary Recommendations and Agency Response: 16.87%
of Administrative Law Judge decisions were contrary to the
original agency action where the agency took a position.
Agency acceptance of contrary Administrative Law Judge
decisions was 85.71%.

*2.26% of Administrative Law Judge decisions were certified as final by the OAH
due to agency inaction or rendered moot by settlement.
** Cases which were vacated are not included

“What to Pack”
continued from page 1
Arizona, there are specific and detailed rules of evidence which must be
followed, but in this quasi-judicial
administrative tribunal, the rules about
what evidence may be presented and
admitted are more relaxed. The key
thing to keep in mind about your
presentation is to present the information and documents which are directly
relevant to the issues in your case and
which would be of assistance to the
ALJ in making a determination in the
case. The ALJ may deny admission of
testimony or documents which are
irrelevant or repetitious.

Testimony
You and all witnesses are
required to be sworn in and
testify under oath. You should
be prepared to tell your
version of events. You may
have kept or made notes or a
list of what happened first and
next, etc. Do not expect to
just read your list into the
record. You are there to tell
the ALJ your information and
to answer questions to the
best of your ability and recollection, if the ALJ or the other
side has questions for you.
Every person who presents
testimony at a hearing may be
asked questions by the ALJ or
by the other side.
If you feel another person can
supplement your own testimony with additional, technical
or expert information about
what happened or about a
portion of what happened, you
should make sure that person
comes with you or attends the
hearing to present that information to the ALJ. It is always
better to have that person
testify in person, rather than
bring a letter or affidavit from
that person.
Documents
Agencies which send cases over
to the OAH for hearing typically
provide a certain amount of
information so that the ALJ has
some background about your
case. This may include copies of
things you have already provided
to the referring agency or to the
other side.
All along, you should have kept
copies of documents or letters you
received from the agency or other
side about your case. It will help
you present your case if you take
the time to put them in chronological order and review them before

page 2

the hearing. This will enable you to
sort out which documents are the
important ones that you want the ALJ
to review in making determinations.
The ALJ does not know exactly what
happened. It is up to you to make
sure that you point out or highlight for
the ALJ what is important in those
documents to review.
If you plan to present a copy of
something to the ALJ, you must also
have and present a copy to the other
side. Do not expect OAH to make
copies for you and do not expect the
ALJ to take time out from the hearing
to make copies for you.
When you ask the ALJ to admit your
document into the record, you should
tell the ALJ what the document is and
why it is important or what it shows.
Sometimes the other side objects to
the admission of a document. The
ALJ will listen to the objection, and
often make a decision on his or her
own judgment about whether or not to
admit the document. If the ALJ asks
you for a response, you should tell the
ALJ why you believe the document
should be considered.
The ALJ will take your document and
mark it as an exhibit. These exhibits
become and remain a part of the
hearing file in your case. After the
case is over (no more appeals), you
can request in writing that your
exhibits be returned. Typically, you
come back to the OAH to pick them up
after the exhibits are inventoried; you
must sign a release form.
Shape and Size
The OAH maintains a hearing case
file for your matter. This case file
holds standard 8 1/2" by 11" papers.
All documentary evidence that you
bring to the hearing should ideally fit
into that case file or expansion folders
which can be maintained with the file.
Sometimes you may have a larger
item, such as charts, graphs or maps.
It is best if these larger items can be
folded so they will fit in the case file.

Administrative Law Judge
decision moot due to settlement
0.24%

A g e n c y R e s p o n s e to A d m in is t ra tiv e L a w J u d g e D e c is io n s J u ly 1 - S e p t e m b e r 3 0 , 2 0 0 2
80 0

Agency rejects the
Administrative Law Judge
decision
2.61%

7 55

70 0

Administrative Law Judge
Decision certified as final upon
agency inaction
2.02%

60 0

Agency amends order only
3.68%

40 0

Agency amends findings of
facts/conclusions of law only
1.78%

30 0

20 0

10 0
31

15

22

Agency accepts without
modification
89.67%

17

2

0
A g e n c y a c c e p ts w ith o u t A g e n c y a m e n d s fin d in g s
m o d ific a tio n
o f fa c ts /c o n c lu s io n s o f
la w o n ly

A g en cy a m e nd s ord er
o n ly

A g e n c y r e je c ts th e
A d m in is tr a tiv e L a w
J u d g e d e c is io n

Demonstrative Evidence
In certain cases a person may be tempted
to bring in large or bulky physical objects
or items for the ALJ to review. It is unlikely
that this sort of item would be maintained
in the administrative hearing case file.
Anytime you bring along such an item, you
should be prepared to completely describe
to the ALJ what the item is and why it is
important to review it during the hearing.
The ALJ may then make additional comments on the record with regard to his or
her observation of such an item and you,
rather than the ALJ, will retain that item.

A d m in is tr a tiv e L a w
J u d g e d e c is io n m o o t
d u e to s e ttle m e n t

A d m in is tr a tiv e L a w
J u d g e D e c is io n c e r tifie d
a s fin a l u p o n a g e n c y
in a c tio n

Average Time Between Selected Events - Appealable Agency Actions v.
Contested Cases*, July 1 - September 30, 2002
60.00
56.44
46.69

50.00
40.00
Days

cases

50 0

30.00

24.41

20.00
10.00

2.13

8.89

4.83

11.84

AAA

12.52

CC

0.00
Request for Hearing to
Scheduling

Scheduling to First
Hearing Date

Conclusion of Hearing
to ALJ Decision

ALJ Decision to
Agency Action

*Note: Appealable Agency Actions are agency actions taken before an opportunity for a hearing. A typical
example would be the denial of a license. A party is entitled to a hearing before the OAH before the action
becomes final. Contested Cases involve actions yet to be determined by an agency. An example would be
proposed discipline on a professional license with the possibility of suspension or revocation. Parties are entitled
to a hearing before the OAH prior to the agency acting.

1644 Cases Filed July 1, 2002 - September 30, 2002
1st Q

Accountancy
Acupuncture Board
ADA
Administration
Admin. Parking
Agriculture
Ag. Emply. Rel. Bd.
AHCCCS
Alternative Fuel
Appraisal
AZ Bd. Occup’l Therapy
Attorney General
Arizona Works
Banking
Behavioral Health Ex.
Building/Fire Safety
Charter Schools
Chiropractic
Clean Elections
Community Colleges

2
0
0
4
49
0
0
831
0
2
0
1
1
10
1
34
0
0
0
0

FY 2003

2
0
0
4
49
0
0
831
0
2
0
1
1
10
1
34
0
0
0
0

1st Q FY 2003

Cosmetology
Dental
Economic Security
Economic Security-CPS
Education
Environ. Quality
Funeral
Gaming
Health Services
Insurance
Land
Liquor
Lottery
Maricopa Cty. Housing
Medical Board
Naturopathic
Nursing
Nursing Care Admin
Occupation Therapy
Osteopathic

page 3

0
2
0
68
2
30
0
2
81
27
7
18
0
0
5
1
12
0
0
0

0
2
0
68
2
30
0
2
81
27
7
18
0
0
5
1
12
0
0
0

1st Q FY 2003

Parks
Peace Ofc. Standards
Pest Control
Physical Therapy
Podiatry
Psychologist Examiners
Public Safety - CW
Public Safety - Trans
Public Safety - Adult CC
Pvt. Post. Ed.
Racing
Radiation Regulatory
Registrar of Contr.
Real Estate
Revenue
School - Deaf & Blind
Secretary of State
Technical Registration
Water Qual. App. Bd.
Water Resources
Weights and Measures

0
3
5
0
0
0
2
6
0
0
1
0
384
20
19
1
4
0
0
3
6

0
3
5
0
0
0
2
6
0
0
1
0
384
20
19
1
4
0
0
3
6

Evaluations of OAH Services
All R e s p o n s e s 1 s t Q u a rt e r

Un re pr es e nt ed R es p on se s 1s t Q ua rt er

700

300

600

250

500

E xc e lle n t
G ood
A ve ra g e
P oor

400
300
200

200
150
100

E xc e lle nt
G ood
A ve rag e
P oor

50

100

Q
ue
st
io
n
Q
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7
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8
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9

Q
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1
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6
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7
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9

0

0

Questions:
1. Attentiveness of ALJ
2. Effectiveness in explaining the hearing process
3. ALJ’s use of clear and neutral language
4. Impartiality
5. Effectiveness in dealing with the issues of the case
6. Sufficient space

Note: The four major groups of those who responded are:
represented private party; unrepresented private party; counsel
for a private party; and counsel for the agency. The evaluations
are filled out immediately after the hearing and the evaluations
are not disclosed to the ALJ involved.

7. Freedom from distractions
8. Questions responded to promptly and completely
9. Treated courteously

Office of Administrative Hearings
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Phoenix, Arizona 85007

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