Glossary


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1) Adjournment:

An adjournment is a postponement of a hearing before an Administrative Law Judge. The ALJ may grant or deny a request for an adjournment. For more information please review, Rescheduling or Postponing A Hearing.

2) Administrative Hearing:

A hearing is conducted by an Administrative Law Judge. Administrative Hearings are not as formal as hearings held by judges in court. They are quasi-judicial hearings.

3) Administrative Law Judge:

The ALJ is the official responsible for conducting the administrative hearings.

4) Appeal:

A party may appeal the decision of an Administrative Law Judge, and resulting in review by the agency. The agency may overturn or affirm the ALJ’s decision.

5) Article 78:

An article of the Civil Practice Law and Rules that allows aggrieved persons to bring an action against a government body or officer. This device allows review of state and local administrative proceedings in court.

6) Burden of Proof:

The amount of proof required to win a case. The applicant has the burden of proof in an application to obtain a license or permit to show by substantial evidence that he or she is qualified for licensure. In a disciplinary action, the agency has the burden to establish by substantial evidence that the licensee is not qualified for licensure.

7) Complaint:

A formal document in a Disciplinary Hearing, in which a person or administrative agency alleges facts and states the charges brought against the Licensee.

8) Discovery:

Exchange of information, such as exhibits and information that will be introduced at the hearing.

9) Due Process Rights:

Due Process Rights are fundamental rights guaranteed by the U.S. Constitution and the New York State Constitution.

10) Hearsay:

Hearsay statements are testimony by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence. Though Administrative Hearings are not bound by the rules of evidence governing courts in New York State, ALJs have the discretion to include hearsay evidence that is relevant.

11) Proposed Denial:

The letter sent to an Applicant after the Application Audit Unit has determined he or she does not meet the requirements for licensure. The proposed denial informs the applicant of the reasons why an applicant has not received approval for a license.

12) Relevance:

Evidence having any tendency to prove or disprove any fact that could be of significance in deciding the case.

13) Service of Process:

Delivering documents to the other party (or, in the case of a subpoena , to a witness). There are different requirements in the law about how documents must be served, depending on what type of hearing is involved, and what type of documents are served. For more information, review the licensing laws pertaining to your discipline, available at: List of Occupations.

14) Substantial Evidence:

The standard that the party requesting a hearing must meet in order to meet the burden of proof.