What Is A Hearing?


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What Is A Hearing?

An administrative hearing is a fair, impartial opportunity to be heard by an Administrative Law Judge (ALJ).  The ALJ assigned to hear your case determines facts based on the evidence and argument presented at the hearing.  The ALJ reviews the relevant law, and issues a written decision.  You may appeal this decision.

You have the option to retain an attorney or non-attorney representative when you appear before an ALJ.

A Hearing Presenter will appear on behalf of the Division of Licensing Services to present the case against you.  Your hearing is your only opportunity to present facts or evidence in support of your case.

The Office of Administrative Hearings conducts two types of hearings: “Application Hearings,” and “Disciplinary Hearings.”

I. Application Hearings

In an “Application Hearing,” The Department of State, Division of Licensing Services issues a proposed denial to an Applicant found unqualified for licensure.  If your application for licensure is denied, you will be afforded an opportunity to request a hearing to contest the denial.  The Office of Administrative Hearings will assign an Administrative Law Judge to the case.  You will receive a Notice of Hearing (pdf) from the Hearing Presenter representing the Division of Licensing Services in the case.  You have the burden of proof to prove by substantial evidence that you meet the qualifications for licensure.  If you fail to prove that you meet the qualifications for licensure, the ALJ assigned to your case will deny your application for licensure.

To Request A Hearing:
Division of Licensing Services
Application Audit Unit
Department of State
One Commerce Plaza
99 Washington Avenue, 5th Floor
P.O. Box 22001
Albany, NY 12201

 

II. Disciplinary Hearings

In a “Disciplinary Hearing,” the Department of State issues a complaint against a Licensee.  The complaint contains an allegation(s) that you violated one or more rules of your profession or occupation, and proposes to take disciplinary action against you.  Disciplinary action could mean the suspension or revocation of your license, and/or a fine depending on the complaint filed against you.

The Office of Administrative Hearings will schedule a hearing.  The Division of Licensing Services must prove its case against you by substantial evidence.  You will have an opportunity to defend yourself at the hearing before an Administrative Law Judge in the Office of Administrative Hearings.


What Is A Hearing?: Frequently Asked Questions