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The Office of Administrative Hearings (OAH) is a quasi-judicial tribunal that hears administrative disputes. Established by the California Legislature in 1945, OAH provides independent Administrative Law Judges (ALJs) to conduct hearings for over 150 State and 800 local government agencies. OAH provides both adjudication and alternative dispute resolution services. Of the approximately 6,000 cases filed with OAH each year, 40 percent are resolved by settlement. OAH offers a wealth of experience, qualified ALJs, professional calendar staff, and the flexibility to mediate, arbitrate, or adjudicate administrative disputes at a cost substantially less than charged by other providers of such services.
Administrative Disputes
In California, where there is disagreement with an action intended to be taken by certain government agencies against an individual or business, a hearing before OAH may be requested. Typically, this occurs when an agency seeks to discipline one of its licensees. For example, all hearings before the Medical Board of California involving physician discipline are conducted before an OAH ALJ. Similarly, the Department of Social Services prosecutes actions to regulate licensed day care or residential facilities before OAH when complaints of abuse or neglect are brought to its attention. And many cities and counties contract with OAH to hear employee discipline and disability retirement appeals.
Administrative Law Judges
The ALJs are fully independent of the agencies whose attorneys appear before them. The Administrative Law Judge has the same relationship with each party -- that of a neutral fact-finder. All OAH ALJs are required to have practiced law for at least five years before being appointed, and typically have over ten years experience.
Hearings
ALJs preside over hearings in a manner similar to civil court trials unless local agency rules provide otherwise. Hearings are generally open to the public. Each party is given an opportunity to make an opening statement, call witnesses, and offer other relevant evidence. After all the evidence is submitted, the parties may make closing arguments, orally or in writing. In most cases, the ALJ prepares a detailed written decision within 30 days.
Alternative Dispute Resolution
OAH also has an alternative dispute resolution program offering both mediation and arbitration services.
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