Agency Adjudication Hearing

Licensing Agency has specific codes relating to adjudication hearings. An adjudication hearing could for example be required when a driver has committed a traffic offence. An adjudication order is only valid when authorized by the law. An opportunity for a hearing is normally provided before an adjudication for revoking a license.

Under certain circumstances, however, adjudication to revoke a license without a hearing is allowed. When a court judgment for example orders revoking a license, a hearing is for example not granted, when a statute permits license suspension without a hearing, and when specific right to appeal is given by an authority within an agency, a hearing is not provided.

In other cases, a hearing is required prior to the issue of an adjudication order. A notice is to be given to the person to receive the order, as well as to other interested parties. This notice contains information relating to the location and content of the hearing. The burden of proof rests with the recipient, to prove that the license has been wrongfully suspended or revoked. There is also a procedure for appeal that the recipient can follow in the event that the outcome of the hearing is undesirable or inconclusive.

Adjudication orders issued without a hearing, except in cases specifically provided, are invalid. The recipient of the order has a right to both a hearing and an appeal. Such an order is furthermore invalid when statutory requirements are not followed in terms of notice to all parties involved and prior hearing. If an agency fails in this way, it is required to assert error in a court of common pleas.

In summary, in the case of revoking a license, an agency is required to observe all legal regulations, as well as the rights of all interested parties. Adjudication hearings also have specific requirements and formats that need to be observed in order to validate the outcome to the satisfaction of all involved parties.

Sources

Bender, Matthew (2005). "Ohio Psychology Law." LexisNexis Group. http://www.psychology.ohio.gov/oac/11906/119_06.htm

Hall, Daniel E. (1994). Administrative Law: Bureaucracy in a Democracy. New Jersey: Pearson/Prentice Hall.