Frequently Asked Questions - Hearings before an Administrative Law Judge

  1. Can I have an attorney represent me?

    Yes. You have the right to be represented by an attorney, at your expense.

  2. Can the bureau provide me with an attorney?

    No. The Bureau is not authorized to do so.
  3. Is cross-examination of witnesses allowed in a hearing?

    Yes. You will have the opportunity to cross-examine witnesses testifying against you. You may also present evidence in support of your contentions.

  4. When will my hearing be scheduled?

    A hearing for your appeal will be scheduled by the Office of Administrative Hearings (OAH) on a first-come, first-served basis, The average wait time is about six months. OAH will send you a Notice of Hearing document. The notice will contain details about the hearing as well as the address and telephone number for OAH.

  5. What if I cannot attend the hearing on the scheduled hearing date?

    If you fail to attend the hearing, most likely you would lose your case based on your failure to appear. That would result in a "default judgment."

    If you feel that you will be unable to attend your hearing as it is scheduled, you should immediately contact OAH and request a change of hearing date. Your request must be in writing and must explain the facts and reasons that support the request. Usually, you must show good cause to change a hearing date. The sooner you make your request, the better chance you will have of having the date changed. Contact OAH for more details.

  6. Can I request that the hearing be conducted in my native language?

    The hearings are conducted in English only. If an interpreter is needed, you should notify the Office of Administrative Hearings.