Administrative Hearing vs Judicial Proceeding
Administrative hearings utilize many of the same processes and procedures used in traditional courtrooms. Whereas court proceedings are overseen by a judge, administrative hearings are conducted by an administrative law judge (ALJ). One of the major differences between a traditional court proceeding and an administrative hearing is that the presiding administrative law judge serves as the trier of fact.
In other words, administrative law proceedings are virtually always conducted as bench trials. When a party requests an administrative hearing, a notice of hearing will be sent to interested parties. The notice may include a short summary of the issues to be addressed at the hearing. Parties have the right to legal representation both before and during the hearing, but an attorney is not required. In some instances, the administrative law judge will hold a prehearing conference with the parties. The goal of the prehearing conference is to:
- Agree on undisputed facts;
- Identify the nature and scope of the dispute;
- Clarify misunderstandings; and
- Set a timetable for the hearing.
The ALJ may also encourage the parties to work toward a settlement agreement during the prehearing conference.
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