How to Prepare for an Oregon Administrative Hearing
When you disagree with a decision made by an Oregon state agency, you have the right to fight ("appeal") their decisions by asking for an administrative hearing.
What's a state agency? State agencies are government departments that carry out Oregon's laws. Oregon has many state agencies, including the DMV, DHS, the Department of Fish and Wildlife, and many others. State agencies make rules, grant licenses, and can make decisions that affect you.
What is an administrative hearing?
An administrative hearing is a formal meeting with a judge, an agency representative, you, and other key people in your case. A hearing is your chance to convince a judge that the state agency messed up. At the end of the hearing, the judge can reverse or change the agency's decision if they think they got it wrong.
In Oregon, these hearings often happen by phone or video and are less formal than a traditional courtroom trial.
What happens at an administrative hearing?
At your hearing, you can:
- Talk to the judge ("testify")
- Have other people ("witnesses") provide information to the judge
- Show the judge documents and other evidence
- Ask questions of the other side's witnesses
The agency representative (and sometimes other key people in your case) is also entitled to do all these things.
After the hearing, the judge will consider everything they heard and read the documents provided. The judge can reverse or change parts of the state agency's decision if they think the agency messed up.
Need a language interpreter or extra help because of a disability? Let the Office of Administrative Hearings know. They must provide you with a free interpreter if you aren't comfortable having a hearing in English. They also have to provide extra supports or change the format of the hearing to accommodate your disability.
Do I need a lawyer?
You don't need a lawyer to represent you at an administrative hearing. Many people get ready and attend these hearings on their own. These hearings are less formal than court trials.
If you want a lawyer's help, call Oregon's Lawyer Referral Service to get a referral to an attorney in your area who may be able to help you with your case. Or, if you don't have much money, you can call Oregon's Public Benefits Hotline for brief help with your case.
If you want to handle your hearing independently, keep reading for tips on how to get ready on your own.
How do I win my hearing?
You can win by proving the state agency messed up. Maybe they didn't get the facts right, or perhaps they didn't follow the law. If you prove one of these things, the judge can reverse or change the agency's decision.
How do I prepare for my hearing on my own?
Start by asking the state agency for a copy of your file. Your file might include notes, reports, assessments, photos, and other details about your case. Under Oregon's public record laws, you usually have a right to get copies of your entire file.
After you get your file, review it carefully. The information in your file will help you understand what evidence the state agency has against you. Here are some things to pay attention to:
- Are important details missing from your file?
- Is any information incorrect or out-of-date?
- Is any of the information in the file unreliable?
Tip: Tell the judge at your hearing if the state agency won't give you a copy of your file. The judge can make the state agency give you a copy. They can also reschedule your hearing so you have time to review the evidence in your file.
The letters and notices from the state agency will usually list the laws and rules that apply to your case. You can look up these laws online.
Next, it's time to gather your own evidence (proof). Your evidence can include:
- Photos, videos, or recordings
- Emails or other written communications
- Medical records
- Financial documents
- Written reports or assessments
Using witnesses as evidence
Your evidence can also include information from witnesses. A "witness" is someone who testifies under oath at an official hearing or trial. Your witnesses might include:
- Professionals, like caseworkers, medical providers, police officers, scientists, or engineers.
- Family members, friends, neighbors, co-workers, or other acquaintances.
- Strangers who witnessed an important event in your case.
If someone agrees to be a witness, give them details about when and where the hearing will happen.
What to do if a witness can't make it to your hearing
If a witness can't make it to your hearing or doesn't want to testify, you can ask them to write a letter instead. Their letters should be as detailed as possible. They should include dates and times for any events they talk about. The letter should also include:
- The witness' full legal name
- The witness' address and phone number
- The witness' signature
- The date the letter was written
Remember, when finding witnesses and gathering other evidence, focus on filling in the gaps or correcting false information in your file.
You must send copies of your evidence to the Office of Administrative Hearings, state agency, and other key people involved in your case a few weeks before your hearing. Read your hearing notice to find out:
- The deadline for turning in your evidence
- How to turn in your evidence
- Who gets copies of your evidence
Call the Oregon Office of Administrative Hearings for help if your notice doesn't have this information.
Tip: The state agency and other parties in your case must send you their evidence too. If they don't, and someone tries to use evidence you haven't seen before, tell the judge. The judge can reschedule the hearing and require that person to provide their evidence to you.
Sometimes, a representative from the state agency will try to meet with you (without a judge) to attempt to resolve your case without a hearing. This meeting is often called an "informal conference."
During the meeting, the representative may review your file with you and ask you for your side of the story. The agency representative can change the agency's decision if they think someone before them made a mistake.
You don't have to agree to anything at this meeting. If you don't resolve your disputes, you can still have your hearing and a judge will decide things for you.
Think about what you want to tell the judge. Organize your thoughts and make written notes.
Practice your testimony with a friend after planning what you want to say. They can help you understand if you're explaining things clearly or missing something important.
Prepare questions for witnesses
If you have witnesses testifying at your hearing, write out questions you want to ask your witnesses. Your questions should help the judge understand who the witness is and how they are involved in your case. Your questions should also focus on things your witnesses personally saw or heard.
Your questions should also be open-ended. Good witness questions often start with "who," "what," "why," "where," or "how."
Here are some sample questions:
- How do you know me?
- Where do you work?
- What do you do for work?
- How did you get involved in this case?
- Did you see me on [important date]?
- Can you describe what happened on that date?
Two to three weeks before your hearing (or sooner, if possible)
- If you need an interpreter, contact the Office of Administrative Hearings and ask for an interpreter. You must be provided with a free interpreter if you don't feel comfortable having the hearing in English.
- If you need extra help because of a disability, contact the Office of Administrative Hearings to explain your situation and the help or extra support you need. Learn more about requesting help here.
The week of your hearing
- Finish writing your notes or outline
- Finish writing down questions for witnesses (if you have any)
- Check-in with your witnesses (if you have any) to ensure they know the date and time of your hearing and how to attend
Tips for in-person hearings
- Ensure you know where to go, how long it will take to get there, and where to park
- Make sure you have a ride to the hearing
- Plan to arrive early so you're not rushed
- Dress neatly and comfortably, as if you were going to a job interview
- Bring a water bottle, a snack, and medications (if needed)
Tips for phone or video hearings
- Make sure you know how and when to connect or call into your hearing. This information will usually be on your hearing notice.
- Ensure you have a quiet place where you won't be bothered. The judge may ask you to confirm that no one is listening or helping you with your testimony.
- Before your hearing, make sure your technology is working well. This means checking that you have a good phone or internet connection and that your device (computer, phone, or tablet) is working and fully charged.
It's finally time to go to your hearing. Take a deep breath. You got this!
Here are a few tips for your hearing:
- Listen carefully to the judge's questions and take your time answering. Don't interrupt or talk over the judge.
- It's okay to say you don't know or can't remember something. It's better to say you don't know than to guess the answer.
- When you do answer, be as clear and specific as you can.
- Be ready to answer questions from the state agency.
- Be respectful to everyone at the hearing, including the judge, the experts, agency staff, and the judge's staff.