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If you choose, you may represent yourself before an Administrative Law Judge. You may also bring an attorney or non-attorney representative with you to your hearing to represent you at your own expense. The Department of State will not provide you with representation.
You do not need to inform the Department of State in advance if you plan to bring someone to your hearing to represent you. However, your representative must fill out and return the Notice of Appearance (pdf) form that you received with your “Notice of Hearing.” Please submit your Notice of Appearance (pdf) form to the Office of Administrative Hearings.
In the past, parties have reached out to organizations that offer legal services free of charge. These resources are not affiliated with the Department of State. As a courtesy, the Department of State provides you with contact information to help you find representation. For more information, or if you did not receive this flier, please contact the Hearing Presenter representing the Division of Licensing Services in the case.C. Evidence
In preparing for your hearing, you should collect evidence that you believe will be helpful and relevant to your case. You should bring this evidence with you on the day of your hearing.
What Kind of Evidence Should I Bring?
Evidence includes, but is not limited to, testimony from you or one or more witnesses, court documents, certificates showing rehabilitation, education or training, letters of recommendation, receipts, pictures, and any other relevant documents that will help you prove your case.
In addition to bringing original documents for the ALJ to consider, you must bring copies of any documents to leave with the ALJ. Any evidence that you give to the ALJ will not be returned to you. It is your responsibility to make copies before the hearing begins.
Should I Bring Witnesses?
You may bring to your hearing any witnesses whose testimony will be helpful and relevant to your case, and who are willing and able to testify. Your witnesses will be subject to cross-examination by the Division of Licensing Services. You will also have the opportunity to cross-examine witnesses presented by the Division of Licensing Services.
What Is A Subpoena?
If you do not have an attorney, you may ask the judge for a subpoena with which you obtain documents or witnesses necessary to present your case before the Administrative Law Judge.
Reviewing the Evidence Against You
All parties appearing before an Administrative Law Judge have the right to review the evidence presented against them. Contact the Hearing Presenter representing the Division of Licensing Services in the case for more information about how to gain access to evidence that will be presented against you at your hearing. As a courtesy, the Department of State has drafted a sample letter you can use to request disclosure materials. Sample Disclosure Request Letter (pdf).
Make sure that you have the following things with you on the day of your hearing:
If you cannot appear at the scheduled date and time of your hearing, and need to postpone the date of hearing listed in your Notice of Hearing, you may request an adjournment.
Adjournments of adjudicatory hearings will only be granted for good cause. No party shall be granted more than two adjournments.
Requests for an adjournment must be made in writing and addressed to the Administrative Law Judge assigned to your hearing. You must send your statement to the Office of Administrative Hearings and the Hearing Presenter assigned to your case no later than three (3) business days prior to the scheduled date of hearing. The statement must contain sufficient details to explain the reason for the request. In addition, your letter must include your contact information, including phone number.
The Hearing Presenter representing the Division of Licensing Services in the case has the right to object to your request for an adjournment. If the Hearing Presenter makes a request for an adjournment, then you will have the right to object to his or her request as well.
The Administrative Law Judge presiding over your hearing will determine whether or not to grant you an adjournment based on your statement. You will be notified by phone or email whether your request has been granted.
If you have any other questions, please contact the Office of Administrative Hearings.
Office of Administrative Hearings
NYS Department of State
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231-0001
Phone: (518) 486-6423
Fax: (518) 473-7182
If you are a current license holder and you are interested in discussing a settlement, contact the Hearing Presenter listed on the first page of your Notice of Hearing. The Hearing Presenter has the authority to accept, reject and negotiate settlements. In some cases, a settlement may not be possible. Even after your hearing begins, the ALJ may suggest settlement discussions between the parties, or, upon request, may provide an opportunity during the hearing for such discussions.