Preparing For A Hearing


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A. Fill Out All Necessary Forms

  • Request For Hearing Form: If you have received a proposed denial of an application for licensure, then you may submit a request for hearing.  As a courtesy, the Department of State has drafted a Sample Hearing Request Letter (pdf) that indicates what information you must submit to the Office of Administrative Hearings.  You must submit a written request, including your name, address, UID#, and contact information. 

  • Disclosure Request: You have the right to review the evidence that will be brought against you before your hearing.  To review the rules and regulations on evidence, please refer to the Guide to Statutes and Rules Relating to Hearings and Appeals.  As a courtesy, the Department of State has drafted a sample disclosure request letter that you may fill out and send to the Hearing Presenter assigned to your case.  Sample Disclosure Request Letter (pdf) 

  • Notice Of Appearance Form: The person who will be representing you at your hearing must fill out a Notice of Appearance (pdf) form.  You can bring this form with you on the day of the hearing or send it into the Office of Administrative Hearings in advance using the following information:
B. How To Find Representation

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).

D. Special Needs

  • If you are deaf, the Department of State must provide an interpreter for you. Notify the Hearing Presenter as soon as possible so an interpreter can be scheduled for your hearing.
  • If you do not speak English or have difficulty understanding English, you may request an interpreter to assist you at the hearing by contacting your Hearing Presenter.  You must request an interpreter before your hearing.
E. What To Bring With You

Make sure that you have the following things with you on the day of your hearing:

  • All evidence that you plan to introduce to the Administrative Law Judge.  For more information on what kind of evidence you can bring, review Evidence.

  • If you have an attorney or non-attorney representative, make sure that you bring the Notice of Appearance (pdf) form, if you have not submitted one in advance.

  • Any witnesses that will testify on your behalf.  For more information on witnesses, review Witnesses.

  • Something to take notes with, including pens, pencils, and paper.  You may want to keep your own set of notes of what is happening during the hearing.  If you would like access to a transcript please see the following: FAQ on Transcripts
F. Rescheduling or Postponing A 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

 


 G. Settlement

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.