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(10.33) What is a fair hearing like?

(10.33) What is a fair hearing like?

Your fair hearing is not as formal as a hearing in a court. But, it is more formal than an informal meeting or a mediation.

The hearing is recorded for audio (sound) and not video. The audio recording keeps what everyone says.[1]§ 4712(k). An Administrative Law Judge (ALJ) from the Office of Administrative Hearings (OAH) is in charge of the hearing. The ALJ listens to the witnesses who give answers to questions from you and the regional center. Witnesses swear that they are testifying honestly, which is called being, “under oath.”

At a fair hearing, you have the right to:

  • Show the written and spoken evidence.
  • Call witnesses for your side. There are two types of witnesses. “Lay witnesses” are people who know the facts that help your case. “Expert witnesses,” like doctors and psychologists, give an opinion using their special training and experience.
  • Have an advocate, lawyer, or other representative in the hearing. They can present your case or help you prepare your case.
  • Request an interpreter from OAH if you or your witnesses do not speak English.[2]§§ 4712(h); 4701(f).

1 § 4712(k).
2 §§ 4712(h); 4701(f).