How agency hearings differ from court
Administrative hearings are run by agencies or independent tribunals and decided by administrative law judges or hearing officers. In New York City, many of these cases go to the Office of Administrative Trials and Hearings, which handles matters ranging from building and sanitation summonses to employee discipline and license cases, while state agencies run hearings of their own. The rules of evidence are usually relaxed, so hearsay and documents that might be challenged in court are often admitted, and the judge decides how much weight they deserve. Hearings tend to be shorter and less formal than trials, but the decision can still cost someone a license, a benefit, or a significant penalty. Missing the hearing usually means a decision by default.
Building the record
The hearing is usually your main chance to put evidence in front of the decision-maker, and later review is generally limited to what was presented there. Bring the notice, every document the agency has relied on, your own records and photographs, and the names of witnesses who can speak to the facts. Ask the agency how to request its file or exchange documents before the date, because procedures differ. If you need more time, ask for an adjournment in writing and in advance rather than simply staying away. Depending on the tribunal, witnesses may appear in person, by phone, or by video.
After the decision
Many agencies offer an internal appeal, such as an appeals board, before a decision becomes final. After that, New York decisions are commonly reviewed in state court through an Article 78 proceeding, which asks whether the agency acted lawfully and whether its decision had support in the record, not whether the court would have decided differently. Each step has its own deadline, and some are short. Before the hearing date, we look at the notice, the agency's authority, and what has to happen beforehand, and we discuss whether settlement and a contested hearing should be pursued in parallel.
