Elawyers Elawyers
Washington| Change
Asked in CA May 19, 2022 ,  0 answers Visitors: 1
Appeal Informal Hearing when Hearing Officer's cites a rule that is not following regulation and the evidence contradicts allegations made. Do I appeal in superior court by petition for a writ of mandate or mandamus? Is they also a way to reverse the result of that decision forcing the agency to continuing to provide the assistance they terminated while I wait for the final court decision? I know I'm right according to the regulations and laws, I just can't find an attorney that will help me since I can't pay their fees upfront. Please don't refer me to Legal Aid Society, in my area, they will not help me.
Data From  LAWGURU_Question

2 Answers

Anonymous
Reply

Posted on / Feb. 12, 2012 18:36:00

The degree of formality in an administrative hearing differs between departments and agencies. Some, like the Employment folks, are quite informal and just have a hearing officer sit at a conference table with the parties and their attorneys. Others, e.g. the Public Utilities Commission, sometimes have black-robed administrative law judges and more of a courtroom atmosphere, often with a reporter taking minutes.

It would be interesting to know the rule cited, so we could check into whether it followed regulation, didn't need to follow for some reason, or was sufficiently off-base to serve as a basis for appeal. Sometimes hearing officers and ALJs may cite rules that are valid and pertinent, even though not to be found in the rules of procedure or administrative code. At other times, they may make up stuff to bring the hearing to a close by quitting time.

If (or when) you receive a written decision from the hearing, it may include instructions regarding appeal. I would tend to think you need to follow these, particularly with respect to timing and deadlines.

Anonymous
Reply

Posted on / Feb. 12, 2012 18:36:00

The degree of formality in an administrative hearing differs between departments and agencies. Some, like the Employment folks, are quite informal and just have a hearing officer sit at a conference table with the parties and their attorneys. Others, e.g. the Public Utilities Commission, sometimes have black-robed administrative law judges and more of a courtroom atmosphere, often with a reporter taking minutes.

It would be interesting to know the rule cited, so we could check into whether it followed regulation, didn't need to follow for some reason, or was sufficiently off-base to serve as a basis for appeal. Sometimes hearing officers and ALJs may cite rules that are valid and pertinent, even though not to be found in the rules of procedure or administrative code. At other times, they may make up stuff to bring the hearing to a close by quitting time.

If (or when) you receive a written decision from the hearing, it may include instructions regarding appeal. I would tend to think you need to follow these, particularly with respect to timing and deadlines.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer