What is an administrative hearing (Fair Hearing)?

It is a proceeding where evidence is taken for the purpose of determining an issue of fact of an interpretation of a regulation and reaching a decision based on the evidence for any of the programs administered by the Department of Employment and Social Services (DESS) by an Administrative Law Judge (ALJ).

This is to ensure that all customers receive due process. This is the principle that the government must respect all of a person's rights when the government seeks to deprive a person of life, liberty or property. The benefits administered by DESS are considered property.

If you a re a customer that disagrees with an action taken or will be taken by DESS, you have the right to be heard by an ALJ. This ALJ will take into consideration all of the evidence provided by both county and the customer and write a decision based on that evidence and the regulations.

Show All Answers

1. What is an administrative hearing (Fair Hearing)?
2. How do I file for an administrative hearing?
3. How do I get help to file an administrative hearing?
4. How long do I have to file an administrative hearing?
5. Can I bring someone with me to the administrative hearing?
6. Can the action that I'm dissatisfied with be stopped while I'm going through the hearing process?
7. If I am granted Aid Paid Pending (APP), will this be an overpayment or over-issuance?