Q. What is an administrative hearing?
A. An administrative hearing is very similar to a trial
in court with witnesses, exhibits, and rules of evidence. The hearing is your
chance to tell your side to an impartial Presiding Officer. The hearing is
recorded. The recording will become part of the official record of your case.
Q. How do I request an administrative hearing?
A. Send your written request for a hearing to the address
indicated on the notice you received. It must be received within the time period
stated on the notice.
Q. What should my request include?
A. Be sure to include your full name, address, telephone
number, a copy of the notice from which you are appealing, the agency name and a
description of the action you are appealing.
Q. When will the hearing be held and how will I be notified of the
hearing date?
A. Notice of the date, time, and
place of the hearing will be sent to you at least 10 days before the hearing.
Q. Where will the hearing be held?
A. Hearings are usually held in Topeka. Portions of the hearing may be conducted by telephone.
Appear on time to your hearing with your witnesses (if any) and documents.
Q. May I review the information relied upon by the agency in making
the decision or taking the final action?
A. You or your representative may request to review such
information prior to the hearing date.
Q. What will I need to bring to the hearing?
A. Please bring a copy of the statement sent to you
by the Office of Administrative Hearings which outlines the facts of your case.
You may bring any other information that you think will help to prove that the
agency's decision or final action was incorrect.
Q. May I bring an attorney or other representative to the
hearing?
A. Yes. You may have an attorney or other person represent
you at the hearing. The attorney or other representative will be at your expense. If you hire an attorney, he or she
must enter their appearance on your behalf prior to the hearing.
Q. May I bring a witness to the hearing?
A. Yes. You may bring any person with you to the hearing who
has information about your case.
Q. Can witnesses be subpoenaed?
A. Yes. The Presiding Officer can issue a subpoena that
requires the subpoenaed person to attend the hearing. If you want a subpoena
issued, you must make a written request to the Presiding Officer of the
witness's name and address prior to the hearing.
Q. Who conducts the fair hearing?
A. A Presiding Officer from the Office of Administrative
Hearings conducts the hearing.
Q. Does the Presiding Officer represent me or the agency?
A. Neither. The Presiding Officer is impartial and he or she
will enter an initial order based upon what is presented by the agency and by you.
Q. If I am dissatisfied with the initial order of the Presiding Officer,
what is the next step?
A. You may request a review in writing. Send your request to
the agency head which issued the notice from which you appealed. Observe any
deadline mentioned in your order. Further appeal rights will be outlined in the
initial order.
Q. If I am dissatisfied with the final order,
what is the next step?
A. You may file a petition for Judicial review
pursuant to K.S.A. 77-601 et seq.
