- Be familiar with the case: Know the facts and applicable DHS policy so that you can present both in detail at the hearing.
- Focus on why a hearing was requested: Address the reason a hearing was requested. Issues that did not impact the DHS decision being questioned do not need to be addressed.
- Only include facts and policy that relate to the issue being heard. Limit testimony, documents and DHS policy to the issue at hand. The Administrative Law Judge needs to know what issue is being appealed, what information DHS considered when the decision was made, and policy relied upon by DHS when the decision was made.
- Explain what happened in chronological order. The hearing summary and testimony should set forth the facts in the order that they happened.
- Identify who you are talking about. The hearing summary and testimony should identify everyone by name, for example, don’t say “I told her”, and instead say “I told Ms. Smith”. This helps avoid confusion about who you are talking about.
- Make sure your explanation is clear. At hearing DHS testifies first. Remember, the ALJ knows nothing about the case until the hearings is conducted. The ALJ is only allowed to consider information and testimony that is presented during the hearing.
- At hearing you will be given the opportunity to ask questions of anyone who testifies. You are not required to ask questions, however, you may wish to exercise this option if a situation arises in which you think it would be helpful (for example, to clarify statements that were made, or if you believe someone misstated relevant facts.)
- Opening and closing statements are usually not necessary. Fair hearings are informal, and opening and closing statements are usually not necessary. The only exception to this if either side is represented by an attorney. If counsel appears they usually want to make an opening and/or closing statement. However, DHS and/or the attorney can waive their right to either or both.
- Relax and present your case calmly. Fair hearings do not follow strict rules of evidence. There will be form that the ALJ follows to conduct the hearing, but there is always plenty of time for everyone to testify and present their version of the case.
- Remain professional. Often a requesting party is emotional when appearing at hearing, which sometimes results inappropriate remarks or accusations being made. If this happens the ALJ will address inappropriate behavior or remarks. Remaining calm and not responding to the remarks or accusations (unless asked to do so by the ALJ) allows you to represent DHS in the most professional way possible.
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