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What Are Administrative Hearings?
When an individual or business disputes a government agency’s decision in California, that decision can be contested. This is done by asking the government agency or entity for an administrative hearing. In general, administrative law hearings are considered to be less formal than typical courtroom trials. The hearings are overseen by Administrative Law Judges (ALJs), who are meant to be neutral judicial officers. If you do not succeed when at the administrative hearing, it is possible to ask the Superior Court to review the hearing decision in what is called a writ of mandate.
Some, but not all, California administrative agencies run their own hearings and have their own procedures. On the other hand, other agencies have independent appeals boards. Other state and local government agencies and entities contract with the Office of Administrative Hearings (OAH) to handle the administrative appeals process. OAH is a government agency within the Department of General Services, and it runs administrative hearings for over 1,000 state and local government agencies. When the case goes to the OAH offices, the agency may either decide to adopt the decision made by the ALJ or issue its own decision.
What is Guidance?
Guidance refers to agency rules that are enforced without passing through the formal notice and comment rulemaking process. Guidance can take many possible forms, including notices, advice letters, bulletins, and manuals.
Guidance is generally disfavored in California in favor of petitioning the agency known as the Office of Administrative Law.
With that said, however, some government entities do produce guidance, including the Department of Labor standards enforcement, the Department of Insurance, and tax agencies.
How to Appeal an Administrative Law Judge’s Decision?
To begin the appeals process, you need to send an appeal form or write a letter requesting an appeal. The form or letter should include your case number and hearing date. Make sure to include your name, address, and other vital personal information relevant to the case. In your letter, provide a convincing argument about why the administrative law judge may have made an error in your case. Then, send the form to the appropriate office of appeals within 30 days of the judge’s decision.
Some government agencies conduct both informal and formal hearings. In an informal hearing, you will speak with a hearing officer. These hearings are relatively informal, and sometimes, it is not necessary to retain professional legal counsel. Formal hearings will take place before an ALJ. Formal hearings are similar to courtroom trials, with witnesses and exhibits submitted into evidence.
If you believe that additional evidence could support your legal matters, you can include that evidence in your appeal or argument.
What Are Convincing Arguments During the Appeals Process?
During the appeals process, the board can conclude that your ALJ made an error in your case. Common errors include decisions made as a result of mischaracterization of the evidence at the hearing, contradictions to other cases, and failure to acknowledge testimony or evidence in the case file.
If you believe that the judge overseeing your case made an error, you should explain why in your appeal.
Should You Appeal?
There is no harm in appealing your ALJ’s decision. Losing the appeal does not add any additional negative consequences to you or your case. Essentially, you have nothing to lose and everything to gain by considering an appeal.
It is highly recommended that public employees retain professional legal representation when going through the administrative appeals process.
What is the Public Employment Relations Board (PERB)?
The Public Employment Relations Board (PERB) is an administrative agency charged with administering collective bargaining statutes that cover public sector employees in California.
What Public Sector Employees Are Covered by PERB Statutes?
Not all public sector employees are covered by PERB’s jurisdiction. PERB administers several public sector labor relations acts and covers the following groups of public employees:
Public school employees (except for management and confidential employees).
- Bay Area Rapid Transit District (BART) employees
- Childcare providers who participate in state-funded early care and education programs
- Civil service employees of the state of California
- Community College employees: Any person employed by the University of California, the Hastings College of Law, or California State University (with the exception of management, confidential, and supervisory employees)
- Employees of cities, counties, charter counties, districts, and other political subdivisions (apart from management employees, employees of the city or county of Los Angeles, and police officers)
- Orange County Transportation Authority employees
- Teaching staff under the jurisdiction of the state Department of Education
- Trial court employees
- Trial court interpreters
- And more
What Types of Cases Does PERB Review?
PERB’s jurisdiction is limited to resolving claims of unfair practices that violate applicable acts. For example, PERB has the authority to consider claims by a public employee organization that alleges that their employer has failed or refused to bargain in good faith or has interfered with employee association rights granted by law. Similarly, a public employer may also file charges against a union if, for example, they believe that the union was not bargaining in good faith.
Schedule a Consultation with Our Experienced Attorneys to Discuss Your Case Today
Administrative appeals are a complex legal subject matter, and it is wise to consider consulting with experienced legal counsel. Our law firm is dedicated to providing knowledgeable legal representation to public sector employees, and we would be proud to represent your case in pursuit of the most optimal outcome. To learn more about our legal services, please get in touch with our law firm to schedule your initial consultation today. You may reach us at 626-415-0787.
