Effective Date - April 1, 2010

1905               Preparing for Administrative Hearing

A.    Gather copies of the regulations supporting the adverse action, i.e., CFR, Rules, state statute, public law, etc.

B.    Gather all documents of verification supporting the adverse action.

C.   Gather copies of relevant notices sent to the requesting party/ representative.

D.   Number all documentary or physical evidence to be submitted for consideration beginning with “1”.

E.    Arrange for witness testimony.

F.    Arrange for legal representation from the Attorney General’s office through the Client Advocate when the requesting party/representative will be represented by legal counsel or when the issues to be presented at the administrative hearing are of a nature which would require the assistance of counsel.

G.   Prepare a Disclosure Statement and include:

1.    The Docket number, if available;

2.    The name of the petitioner/contestant;

3.    A list of witnesses to be called including, name, title, location;

4.    A list of exhibits to be offered by alpha character number;

5.    A statement explaining what occurred, why the adverse action was taken and how the action was taken.

H.   Send copies of the Disclosure Statement and all exhibits to the DFS-SO program consultant  for review when an attorney is involved and prior to sending the information to the parties identified in I.

I.     Send copies of the Disclosure Statement and all exhibits to the following no later than five days prior to the hearing date:

1.    The assigned hearing officer;

2.    The petitioner/contestant (by certified mail);

3.    The DFS Client Advocate;

4.    All witnesses involved.

J. Plan opening and closing statements.