Disputes involving state agencies are addressed through New York’s administrative law system. This is a separate system from traditional trial court proceedings. Administrative hearings have some similarities and some differences compared to trial court proceedings.
The ALJ
Administrative hearings are overseen by an Administrative Law Judge (ALJ). Like judges in civil court, ALJs remain fair and impartial.
The ALJ has the same authority that judges in any civil matter do. This means they can order discovery and depositions and they can issue subpoenas.
Like judges at a civil trial, an ALJ can issue rulings regarding whether to admit evidence. However, unlike judges at a civil trial, ALJs are not bound by the formal rules of evidence.
Administrative hearing proceedings
Administrative hearings are similar to civil trial proceedings, but there are some key differences.
Like civil trials, parties at an administrative hearing have the right to representation.
Parties at administrative hearings can present written and/or oral arguments regarding the issues of the case. Like trials, all parties at an administrative hearing have the right to examine and cross-examine witnesses and make objections. Parties can move to dismiss upon failure of proof.
Once the parties have rested their case, the ALJ will render a decision. The decision will include findings of fact and conclusions of law. ALJs have a specific time limit in which they must render their decision. An ALJs decision can be appealed.
Administrative hearings have similarities to civil trials, but they are not the same beast. You might attend an administrative hearing if you were denied a permit or were fined by a state agency and wish to contest it. These matters would not be heard before a trial court. Instead, they are resolved through administrative hearings.