The attorneys with Chelle Law can provide an Arizona Office of Administrative Hearings Attorney to represent individuals before the Arizona Office of Administrative Hearings (“OAH”). Arizona Professional Licensing Boards (“Boards“) issue licenses, registrations and certificates to professionals in Arizona. These Boards receive complaints and act to determine if there has been a violation of the law. Therefore, Boards will decide whether to issue any disciplinary action if they believe a violation has taken place. A licensee (of many Boards) can appeal the decision and request a hearing with OAH. Additionally, OAH also handles administrative appeals and hearings for many other Arizona State agencies (“Agency“) such as:
- Department of Insurance
- Arizona Health Care Cost Containment System (AHCCCS)
- Department of Child Safety (DCS)
- Adult Protective Services (APS)
- Department of Health Services (DHS)
- Registrar of Contractors (ROC)
- Department of Economic Security (DES)
- Division of Occupational Safety and Health (ADOSH)
- Department of Real Estate (ADRE)
- Division of Developmental Disabilities (DDD)
- Department of Education
Mediation Option for Litigants
OAH offers a voluntary mediation program to provide litigants with alternative dispute resolution in some cases. OAH offers mediation services to litigants in Registrar of Contractors and Arizona Division of Occupational Safety and Health (ADOSH) cases. The mediation option provides an avenue to avoid the litigation process and settle prior to a hearing.
Agency and Licensing Board Disciplinary Actions
When a complaint has been investigated and it is determined that disciplinary action is necessary, the Board or Agency will move forward to implement the disciplinary action. This could include a letter of reprimand, probation, decree of censure, denial, civil penalties, suspension or revocation. An Agency may also make a decision that negatively effects the rights of the person. For example: a denial of insurance benefits, a substantiated claim of child or abuse abuse, the removal of a health care facility license. The individual or facility has the right to appeal and request an administrative hearing before the Office of Administrative Hearings.
Appeals and Hearings with the Arizona Office of Administrative Hearings
If a hearing is held, it is presided over by an Administrative Law Judge (“ALJ“). The hearing is not as formal as a trial, but it is similar. Each party will present evidence using documents or sworn testimony. The attorneys will provide an opening statement and a closing argument which should explain why the judge should rule one way or the other. Your attorney can cross examine witnesses and testify on her own behalf. After the hearing, the ALJ will review the transcripts, evidence and make a recommendation to the Arizona Agency.
Acceptance of Administrative Law Judge Decisions by Agencies
The Agency or Board ultimately makes the decision to either accept, reject or modify the ALJ’s decision. Eight Five percent (85%) of all ALJ Hearing decisions were accepted by the Arizona Agency or Board without modification. Twenty three (23%) of the modifications to the ALJ’s decision were made to the penalty portion of the offered settlement. However, a rehearing can be requested if an error is made by the Board
OAH Hearings Attorney
Individuals that will likely appeal a decision should not discuss their case with friends, co-workers or anyone that could end up testifying to harmful information that could damage your case. At the hearing, these people may be witnesses. Your attorney should be the only person you discuss the case with.
If you have questions about our Arizona Office of Administrative Hearings Attorney and would like to learn more about the services we offer contact Chelle Law today.