Administrative Civil Hearings By: Crystal D’Souza, Staff Counsel for the Department of Food and Agriculture

Overview Investigation or inspection Issuance of a Notice of Violation or Notice of Proposed Action Request for a Hearing Appeal to the Department?

Legal Background Due Process: ◦ Constitutional Right ◦ No person shall “be deprived of life, liberty, or property, without due process of law…” Notice and Opportunity to be heard

Notice Must be sufficient to inform the person of what they are accused and when it occurred.

Opportunity to be Heard Burden of proof and standard of proof Opportunity to refute the evidence presented Hearing is proportional to the right at issue

Before the Hearing Become familiar with the regulation/statute and the “case file” Practice!! Meet with the Respondent (Pros and Cons) Accommodations in preparation for the hearing ◦ Translator ◦ Disability Pre Hearing Conference

Hearing Opening Statement - County ◦ Summary of the evidence you are going to present. ◦ Not testimony or evidence. Respondent may make opening statement in the beginning or before the start of their case.

Presenting You Case Documentation ◦ Copy for Respondent and Hearing Officer Testimony ◦ Lay foundation: Education and Background experience as well as facts of the case ◦ Hearsay ◦ Leading questions

Respondents Case Be respectful Don’t engage on issues that are irrelevant Questioning ◦ Keep questions simple ◦ Reiterate the facts at issue

Closing Statements Summarize your case Emphasize the strengths Address any relevant issues raised by the respondent

Key Things to Remember Preparation and Practice Evaluation County Counsel

QUESTIONS??? Thank you!