Applicants seeking good cause exception may find the process a bit challenging and attending a hearing daunting. Chelle Law has good cause exception hearing tips to help you understand the process a bit better.
A Good Cause Exception Hearing
Arizona fingerprint clearance card applicants who find they have initially been denied a card can request a hearing. This administrative hearing is an expedited review of good cause exception and is held so the applicant can show their past crimes are no longer an issue. The hearing is overseen by an administrative law judge in Phoenix, Arizona with the Office of Administrative Hearings. This hearing gives the applicant the opportunity to submit witness testimony (in person or by affidavit) and give testimony to the judge in regard to their rehabilitation, unlikeliness to commit another crime. It is during this time the applicant showcases why they should be given a good cause exception.
Good Cause Exception Hearing Tips
- Time-Frame: The hearing shall be held within forty-five (45) days of the completion of the expedited review. However, the applicant could have the hearing within 20 days of notice if they comply with due process. This means the hearing can occur within 20-45 days of the expedited review unless the applicant files a motion to reschedule for justifiable reasons.
- Reschedule: Under exceptional circumstances, it may be possible for you to reschedule your hearing for a later date by submitting a written request for a delay to the judge. In the event you have a formal notice of hearing, the assumption is you must attend on your scheduled hearing date. Failure to attend without justifiable cause will likely result in the denial of your good cause exception.
- Telephone: The administrative judge may allow an individual to appear at a hearing using a telephone. This usually only happens under exceptional circumstances, which means an inconvenience will not justify “hearing by telephone.” To request a hearing by telephone, an applicant must submit a written statement/motion explaining undue hardship of appearing at the hearing.
- Disabilities: Applicants with disabilities can request accommodations. By notifying the Board with reasonable time to make special arrangements they Board can grant applicants accommodations such as language interpreters. The board will seek the help of American Sign Language Association. However, it’s important to know due to cost constraints sign language interpreters have limited availability. The Arizona Fingerprint Bard also doesn’t prevent applicants from bringing their own interpreters.
- Final Decision: After the hearing, the judge sends a recommendation to the Board. The judge has eighty (80) days to send their decision.
- Character Witnesses: An applicant may bring people to serve as character witness. This means they may call on friends, co-employees,and employers. It is best practice to bring no more than three (3) people. This number, however, is subject to the judge’s discretion. Having an attorney speak on your behalf is helpful but is not mandatory.
- Dress: You should wear clothes that present a professional image. Wearing scrubs, shorts, t-shirts, etc., are not professional attire.