Due Process Hearings

OAH will consider these and other bases for good cause if supported by a declaration.  (Ed. Code, § 56505, subd. (f)(3); Cal. Rules of Court, rule 3.1332(c).)

Do I still have the Right to Have an Attorney?

Parties have the right to be represented and advised by an attorney at the due process hearing.  If a party wants to have individuals who are not active members of the California State Bar, with special knowledge or training relating to the child with special needs, to advise them during hearing, the hearing ALJ will provide the conditions for that person’s participation at the mediation, prehearing conference and hearing.  (Ed. Code section 56505(e)(1).)

When parents hire an attorney for the hearing, parents must notify the district at least 10 days before the due process hearing.  An attorney must file a “notice of representation” with OAH and must serve all other parties with this notice.  If parents hire an attorney less than 10 days before the due process hearing, the attorney may request a continuance of the hearing.

OAH has a list of attorneys who have agreed to provide legal services free or at a reduced cost which may found at List of Low Cost or Free Attorneys or List of Low Cost or Free Advocates.  You may also contact OAH to request that a printed copy be mailed to you

OAH is using Zoom to hold the videoconference prehearing conference and due process hearing.  All participants must be in a quiet private location, unless otherwise ordered.  All participants will be required to connect to the Zoom application by computer and appear by videoconference unless they do not have the required computer equipment.  In that situation, parties may be permitted, at the discretion of hearing ALJ, to appear using Zoom by audio only, or by telephone.  Additional information on using Zoom may found OAH’s website.

If You are Unfamiliar with Zoom You May Find the Following Site Helpful

Information on Zoom

• Getting Started with Zoom or How to Join a Meeting: For information and questions about using Zoom, including how to get started with Zoom go to Zoom Support’s website either by copying and pasting the following URL into your browser or click on the link: https://support.zoom.com/hc/en.

Check Your Zoom Version to Ensure it is Updated Before Joining the Videoconference

Participants may have trouble joining the Prehearing Conference or Hearing if they do not have the most updated version of Zoom.

If you already have Zoom, check your version of Zoom to ensure it is updated before joining the mediation.  For instructions on identifying your version of Zoom, and for updating to the most current version of Zoom, go to Zoom Support’s Website either by copying and pasting the following URL into your browser or click on the link: https://support.zoom.com/hc/en. 

The hearing is a trial-like proceeding.  All parties have the opportunity to present their evidence and arguments.  All witnesses are placed under oath.  Each party may testify, ask witnesses questions, and present their evidence.  Usually, the party that filed the complaint goes first.

The Location of the Hearing

Presently, OAH conducts all hearings by videoconference.  If a party wants an in-person hearing, the party shall file a motion with OAH that explains why the hearing must be in person and suggest a convenient location for the hearing.  In person hearings take place at a location convenient to parents.  A convenient location is often a district office or a school.  Some hearings take place at OAH hearing rooms in various locations.

All hearing locations are required to be accessible to those with mobility needs.  If a hearing is held at a school district's offices or a school, the school district is required to submit a document certifying the accessibility of the location.

Issues and Burden of Proof

The hearing will focus on the issues in the due process request.  The evidence offered by each party must be relevant to those issues.  “Relevant evidence” means evidence that has a tendency to prove or disprove a fact that is in dispute in the case.  The ALJ will allow only relevant evidence during the hearing.  The ALJ will not accept evidence that is not relevant.

  The party that filed the request has the burden of proof.  The burden of proof refers to which party must produce enough evidence to prove their case.  For example, if parents have filed the due process request, then parents have the burden of proof.  If the district filed the due process request, then the district has the burden of proof.

How much evidence is needed to win the case is called the standard of proof.  The standard of proof is a preponderance of the evidence.  A preponderance of the evidence is a measurement that compares the evidence from both sides to see which side is stronger.  Some people describe a preponderance of the evidence as the 51 Percent Rule, or, as if a scale tips slightly in one direction.  If the party with the burden of proof does not meet their burden, they do not win the case.  The ALJ decides if the burden has been met.

The ALJ Conducts the Hearing

The ALJ that conducts the hearing has extensive training in special education law.  They also has specialized training in how to conduct hearings.

Keep in mind that the ALJ hearing the case will not know the details of the case until the evidence is presented.  The complaint and response are not evidence so you must prove each piece of your case during the hearing.  You are telling the ALJ your side of the story and showing the ALJ any documents you have that prove what you are saying is the truth.  The other side will do the same.  The ALJ will listen to the evidence and read the documents.  Some documents will be “admitted” into evidence.  Those are the documents the ALJ will consider in making the decision.  Some documents may not be admitted, usually on the ground that the ALJ does not think they are relevant.  If that happens, the documents will be returned to the parties at the end of the hearing and will not be considered in making a decision about the case.

ALJs do not work for districts and they do not have access to student records.

ALJs do not decide the case until they have heard all the evidence.  The only facts the ALJ has about a student or the student’s program come from the testimony and evidence the ALJ has accepted into evidence at the hearing.

The ALJ Records the Hearing

  The entire hearing is recorded.  The ALJ will record videoconference hearings with the Zoom software.  For in person hearings, OAH uses digital equipment.  The recording is the official record of the hearing.  At the beginning of each day, the ALJ will start recording and say something like “We are on the record.”  The ALJ will state the name and number of the case, identify him or herself, and will state the date and time.  This is called “opening the record.”

The ALJ will ask the parties to state their “appearances” at the beginning of each day.  Each person then takes turns stating their full name, spelling their name and stating whom they represent.

Occasionally, an administrative detail that does not have to be on the record will be discussed or there will be a short delay while a witness is located and brought into the hearing.  On those occasions, the ALJ will announce they are going “off the record” and will stop recording the Zoom videoconference.  The Zoom videoconference will continue while the non-recorded task is completed.  The ALJ will say "on the record" when the ALJ turns the recording back on.  This will happen throughout the day.  At the end of the day the ALJ will "go off the record" and turn off the recording.  If parties have been granted permission to make their own recordings of the hearing, they are required to go off the record when the ALJ goes off the record and only turn their own recordings back on when the ALJ announces she is back “on the record.”

Opening Statements

  Parties may make an opening statement at the beginning of the hearing.  An opening statement is a short summary of your case and it is optional.  Although an opening statement is not required, it does help the ALJ understand what the evidence and witness testimony will show.

The opening statement is not evidence.  The purpose of an opening statement is to give the ALJ an idea of what each party expects the evidence to show.

Witnesses 

Witnesses will not be in the virtual or in person hearing room until it is time to testify.  Except for the parties, witnesses are usually not allowed to be in the hearing room and hear the testimony of other witnesses.

The ALJ will “administer an oath” to each witness and each party before they testify.  This is also called “swearing in” a witness or party.  The ALJ will swear in the witness by asking the witness to raise their right hand and swear to tell the truth.

The person who called the witness to the hearing will start the questioning.  Once that person is finished asking questions, one person from the other side may ask questions of the witness.  Questioning may go back and forth a few times as questions asked by one side might raise questions in the mind of the other side.  So long as the questioning is relevant and adding new information to the case, the ALJ will usually allow the parties to ask questions until they are finished.

The ALJ may also ask questions of the witness occasionally.  When an ALJ asks questions of a witness, the parties may make objections to the questions and ask follow-up questions.

How do I Arrange for Witnesses at the Hearing?

Parties have the right to confront and cross-examine witnesses.  (Ed. Code § 56505(e)(2).)  The hearing ALJ will discuss the scheduling and appearance of witnesses at the prehearing conference and on each day of hearing.  All witnesses will be required to connect to Zoom by computer and appear by videoconference unless they do not have the required computer equipment.  In that situation, at the hearing ALJ’s discretion, witnesses may be permitted to appear using Zoom by audio only, or by telephone.

Parties who want to subpoena a witness can get more information about subpoenas in the Subpoenas chapter of this Handbook or by visiting OAH’s website by copying and pasting into their browser the following URL or by clicking on the link: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Forms/Subpoenas?search=special%20education%20subpoena.

Exhibits

OAH does not use paper exhibits for hearings.  OAH uses an electronic exhibit system called Case Center.  Detailed instructions for using Case Center are in this handbook in the section called Electronic Submission of Witness Lists and Evidence through Case Center.  To view this information on OAH’s website either copy and paste into your browser the following URL or click on the link: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help/Electronic-Submission-of-Witness-Lists-and-Evidence-Through-CaseCenter

When a witness is shown an exhibit, the ALJ will mark the exhibit with an exhibit number.  The exhibit numbers identify each specific exhibit allowing the ALJ to indicate which exhibits were admitted into the official record as evidence at the end of the hearing.

When the party is finished questioning a witness about a document, the party who wants to have an exhibit entered into evidence will ask the ALJ to admit the exhibit into evidence.  The legal term for this is to "move the exhibit into evidence."  Parents do not need to say the right words; they may simply ask the ALJ to put the exhibit into evidence.  Usually, people say, “your honor, I move that this document be admitted into evidence”.  The ALJ will respond by asking the other side if they have an objection.  Often there is no objection, and the attorney or other representative will say, “no objection.”  The ALJ will then say, “Exhibit (for example, D-1 or Exhibit S-14) is admitted into evidence." It is important that the rules for preparing exhibits for Case Center are carefully followed so the ALJ can properly identify your evidence for the record.

Parents that are uncertain about how, or when, to put their exhibits into evidence may ask the ALJ how to do it.  ALJs cannot give legal advice but they can explain the process to parents.

If the party who is not asking to admit the document into evidence has an objection, they must state the legal reason for their objection.  Often that reason is that the document is unreliable for some reason, is incomplete or is not relevant to the hearing.  Objections are usually stated by saying, “objection- relevance;” or “objection, lacks foundation.”  (See section “Objections,” below.).

The ALJ will let the parties know if the ALJ wants to hear more details about the parties' arguments on the objections.  The ALJ decides which evidence is admitted into the hearing.  Once the ALJ’s ruling is made, the case proceeds.

Objections

A party may object to evidence if there is a question about its relevance, reliability, or admissibility.  When parents testify, they have the right to object to the questions asked of them by the other party’s attorney and to object to documents shown to them by the other party’s attorney.

A common objection is “lack of foundation.”  “Lack of foundation” means a document has not been established to be authentic (e.g.it has been altered or is an incomplete copy) or from a reliable source.  It can also mean that a witness does not have personal knowledge about the subject.  If the ALJ “sustains” the objection (agrees with the objection), the ALJ will give directions if more information is needed to establish a proper foundation.  If directed by the ALJ, a party can ask more questions to establish whether the witness knows what the document is, the basis for their personal knowledge about the subject or their knowledge about the source of the document.  If the ALJ does not agree with the objection, they will say “Objection overruled.”

Another common objection is “relevance.”  Relevant evidence is something that tends to prove or disprove a fact that is at issue in the case.  If the ALJ sustains a relevance objection, it means the ALJ agrees the evidence is not relevant.  That evidence is not discussed any further and everyone moves on to the next question.

The formal rules of evidence do not apply in an administrative hearing.  For instance, hearsay (testimony by one person about what they heard another person say) is allowed in an administrative hearing if the ALJ determines it is reliable information or the kind of information on which people base serious decisions.

Sometimes the ALJ will admit evidence at the hearing but when considering the case will evaluate it’s “weight,” that is, how persuasive it is.  For instance, a document may be admitted into evidence, but a ALJ might determine that the facts disclosed about how it was discovered or created are suspect, ultimately giving it little weight when making the decision in the case.  In response to an objection, you might hear the ALJ say, “Overruled-that goes to the weight of the evidence, not its admissibility.”

Parents who are not represented by an attorney will be allowed to object to documents and to questions of witnesses by saying “objection” and briefly telling the ALJ the reason for the objection.  If parents do not know a legal basis for an objection, the ALJ might ask the parties to explain why the evidence should or should not be allowed.  The ALJ will decide if the evidence is allowed to become part of the record.

Whenever a witness is testifying, it is important to listen carefully to the questions that are asked.  A parent may object to the way a question is asked.  The objection must be made after the question is asked but before the witness starts to answer the question.  Parents may also object to a document when a witness is asked about it.

ALJs say "sustained" if the ALJ agrees with the objection.  ALJs say "overruled" if the ALJ does not agree with the objection.  The ALJ will then tell the witness to answer or not to answer the question.  The ALJ will also tell the parties whether or not the evidence will be admitted.  “Admitted” means that evidence will become part of the official record and considered by the ALJ when the ALJ makes the final decision on the issues in the case.

Cell Phones

Unless a party is using a cell phone to participate in the hearing, all cell phones should be turned off and put away during the hearing.  Even if a cell phone is just vibrating, it can be disruptive.  Cell phones may not be used for recording unless the ALJ has given someone permission to record the hearing in advance.

No Eating or Drinking During the Hearing

During a hearing, parties shall not eat.  Drinking water is permitted.  Breaks are scheduled throughout the day, including a lunch break.

What to Bring to the Hearings

Parties may wish to have set of paper exhibits during the hearing.  However, the ALJ will be using the electronic version of the exhibits that the parties electronically loaded into Case Center prior to the hearing.  Each party should have already loaded their exhibits into Case Center at least five business days before the start of the hearing.

To access this more information on Preparing for Hearing please go to the section in this handbook called “Preparing for a Hearing.”  This same information may be viewed on OAH’s website by copying and pasting into your browser the following URL or by clicking on the link: https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help/Preparing-for-Hearing

 What to do if you are Late to the Hearing

Anyone who is going to be late to the hearing must call the Sacramento OAH office as soon as they know they will be late.  If the party who filed the complaint is late and does not call OAH, the case may be dismissed.  If the district filed a complaint against parents, and parents are late, the ALJ may hear the district’s side of the case without the parents present.  Similarly, if a district filed a complaint against a student and the district’s attorney is late, the ALJ may hear the parents’ side of the case without the district’s attorney being present.  Therefore, it is important to appear on time at the due process hearing.  The Sacramento OAH Office will let the ALJ assigned to the case know if anyone is running late.

How to Question Witnesses

If you want to prove something during your hearing, it is best to have witnesses testify who actually saw or have personal knowledge of the events you want to prove.  It is not a good idea to rely on witnesses who “heard” about the events from another person.  That kind of evidence is called “hearsay.”

The definition of “hearsay” is testimony by someone who heard a statement made by someone who is not testifying.  The person testifying wants to tell the ALJ the other person’s statement and that the statement is true.  Generally, the ALJ will consider hearsay to be very weak evidence unless it is supported by other evidence.  An ALJ will not rely on hearsay when making their decision unless the hearsay is reliable.  Reliability must be proven.  Therefore, it is always better to get witnesses who actually made the statement to come in and testify.

As discussed above, questions should be carefully planned in advance.  Think about your case and the facts you need to prove to win the case.  Who can testify to those facts?  What do they need to say?  Are there documents that could help prove the facts you need to show?  Who could testify that the documents are genuine and reliable and explain to the judge why they are important? and reliable and explain to the judge why they are important?

Tips for Writing your Questions

 
Ask Simple Questions

  After the witness takes the oath and is seated, ask them to identify themselves and ask basic questions to show the basis for their personal knowledge about the subject.  For example:

Q.  What is your name?

Q.  Do you know [child's name]?

Q.  How do you know [child's name]?

Then, consider what facts you need this witness to tell the judge.  Are they a doctor who can testify about the child’s disability and how it affects their ability to learn?  Is the witness a teacher who sees the limits of the child’s attention span?  Is the witness a tutor who has used some strategies for helping the student with success?  List the information you need the witness to talk about and then write questions to have the witness tell that information to the ALJ.

You might ask questions about a person’s participation in an IEP meeting to show the judge what happened at the meeting or who was present at the meeting.

Q.  Have you attended any IEP team meetings for [child's name]?

Q.  Did you attend the IEP team meeting on [date]?

For example:

Q.  Who was at the IEP team meeting?

Q.  What did these individuals say to you?

Q.  What did the IEP team discuss about [child's name]'s physical therapy needs?

Q.  Were you able to provide your input to the IEP team?

Keep in mind that you do not need to prove the same fact several times.  One good piece of evidence, either testimony or a document or some other kind of evidence, is enough to establish a fact.

How to Question Expert Witnesses

Expert witnesses are usually professionals.  Their job is to explain something or give an opinion about something.  In special education, experts are often professionals such as doctors, psychologists, speech pathologists, occupational therapists.  Parents should contact a potential expert as early as possible.  Experts usually charge a fee to testify and require that parents confirm they are needed in advance so they can put the hearing on their calendar.  Parents are required to put their experts on their witness list and discuss their testimony at the prehearing conference.

When questioning an expert witness, focus on the expert's training, experience, and knowledge.  Always ask for your expert’s resume or Curriculum Vitae (CV-another name for professional resume.)  You can add this to your exhibits and use it to help establish the expert is qualified to give an opinion.

  Once you establish their credentials and that they examined or worked with your child, ask the expert to give their opinion.  For example:

Q.  What do you do for a living?

Q.  What is your educational background?

Q.  Is this your resume?

Q.  Is everything in this resume accurate?

Q.  Have you received any other training in this area?

Q.  Do you know [child's name]?

Q.  How do you know him or her?

Q.  (Have them describe the work or evaluation they did with the child.)

Q.  Do you  have an opinion [for example, recommended amounts of services (such as speech therapy or occupational therapy or behavioral therapy); or about placing the student in the placement being recommend by the school or the placement parents prefer, etc.] 

Q.  What is your opinion?

Q.  What is the basis of that opinion?

Parents' Testimony

Parents do not have to ask themselves questions.  Parents may tell the ALJ about the events and facts that they know and what they need to establish to prove their case.  The ALJ may ask parents questions while they are testifying and might ask parents some questions at the beginning of their testimony to get them started.  Another way for a parent to testify is by giving the ALJ a list of questions.  The ALJ asks the questions and the parent can answer them.  Other parties may call a parent as a witness.  The attorney for the other party will ask the parent questions first, and then the parent will have the opportunity to testify about any matters relating to those questions.

Once the parent finishes asking questions of their witness, the attorney for the district has a chance to ask questions if they want.  This is called “cross-examination.”  Parents will also have a chance to ask questions of the people the district calls as witnesses.  The ALJ will often ask the witnesses questions, as well.

How to Put Exhibits into Evidence

To have an exhibit “admitted into evidence,” parents must show that the document is “authentic.”  This means that the document is what it says it is and that it is an accurate, unaltered copy.  Parents may prove this through their own testimony or with the testimony of another witness (as discussed in the next paragraph).  Before testifying about an exhibit or questioning a witness about an exhibit, parents should ask the ALJ to mark the exhibit for identification.  The ALJ will then put an electronic sticker on the exhibit with the exhibit number.

A document must be “authenticated” before it may be admitted into evidence.  This means that a witness must testify that it is what it appears to be.  A document is authenticated by showing the document to a witness.  Ask the witness (1) if they recognize it, (2) to identify and describe it, and (3) if the document appears to be a correct copy.

Another way to authenticate some kinds of documents is to show that a government agency or a company kept them in the regular course of business.  For example, sometimes a school keeps attendance records.  To have a record like that admitted, ask the witness if the information was recorded by a person with knowledge of the routine for keeping the records and in the regular course of business.

After the exhibit has a numbered sticker and has been authenticated by a witness ask the ALJ to admit the exhibit into evidence.  The ALJ may ask the other side if they have any objection to the document coming into evidence.  Parents may need to respond to the objections by telling the ALJ what the document is and why they want it admitted into evidence.  Parents do not need to know the law or rules of evidence.  Technical rules of evidence do not apply in due process hearings.  Parents may simply offer an exhibit and let the ALJ decide if it should be admitted.

During a hearing, evidence may be used in different ways, including to “refresh recollection” of a witness, to “rebut” a statement that a witness has made, or to “impeach” a witness’s testimony.  The hearing ALJ will address the issue of exhibits offered for refreshing recollection, rebuttal or impeachment on a case by case basis when it is raised at hearing.

How to Present an Audio Recording at Hearing

A portion of an audio recording of an IEP team meeting may be played as evidence in a hearing if the ALJ agrees.  This is usually only allowed if the recording offers important evidence that cannot be provided with testimony by the person who attended the meeting.

To have a portion of an audio recording admitted, the exact date and minutes of the recording the party wants admitted must be identified; and the person speaking must be identified.  Usually, a written transcript of the portion of the recording being offered is required.  The person who prepares the transcript will need to submit a declaration stating their name, who they are, the date the transcript was prepared, and that the transcript offered is an accurate transcript of the recording.  Both the transcript and the recording are exhibits and should be included on your exhibit list.  If they are not, the ALJ may not allow the recording to be submitted.  Whether any part, or how much of the recording, may be played is up to the ALJ.

What to do at the End of Each Day of Hearing 

At the end of each day, the ALJ will ask about the witness schedule for the next day.  The ALJ and the parties may review which exhibits have been admitted or may defer that review to the end of the hearing.  The ALJ may also talk with the parties about other scheduling or evidence issues that have come up during the day.  The ALJ cannot give legal advice.  However, the ALJ may answer questions about the hearing procedures.

After the hearing day ends, parents should call the witnesses they have scheduled for the next day to let them know what time to appear for hearing the next day.  It is a good idea to go over the questions you have prepared to ask the witnesses for the next day, and the exhibits you plan to ask the witnesses about.

The Last Day of the Hearing - Evidence Reconciliation

Once all testimony is finished, the ALJ and the parties will review the evidence that has been admitted.  Everyone will confirm the exhibits submitted from each side that were admitted.  This is done by the ALJ going through the exhibits on Case Center and stating which exhibits their records show were admitted.  If one party or the other has a different record, notes and the hearing recording can be consulted to determine what was entered as evidence.  In some cases, an exhibit that was not admitted can be admitted at the end of the hearing on request of the party.  However, it is best to ask to have the exhibit put in evidence when it is discussed in case there is an objection that needs to be cleared up.

For any evidence that was not admitted due to an objection in the exhibit binder, the ALJ will mark the exhibit as “not admitted” so it is not relied on as evidence when the ALJ makes their decision.

The last thing the parties and ALJ discuss are closing arguments.  The ALJ will ask the parties if they want to make written or oral closing arguments.  Oral closing arguments are made at the end of the hearing.  If oral closing arguments are made, the official record ends on the last day of the hearing and the case is submitted to the ALJ for decision.

Most people prefer to submit written closing arguments.  Written closing arguments are sometimes called "closing briefs."  A written closing argument allows you to think about the evidence presented by both sides and take your time to tell the ALJ why your evidence proved your case and why the other side’s evidence did not prove their case. 

The ALJ usually gives the parties a couple of weeks to write and submit their closing argument.  Sometimes, a longer period is allowed if there is a good reason to ask for a longer time.  The ALJ will tell the parties the date their written closing arguments must be filed with OAH and served on the other parties.  The case is continued until the deadline for the written arguments.  The official record is closed on the date the written closing arguments are due and the case is considered submitted to the ALJ for decision.

A written closing argument does not have to be submitted in any particular format.  Parents who are not represented by attorneys may write a letter.  Usually the ALJ will give the parties a page limit for the closing briefs.

A closing argument is a summary of the evidence.  Good closing arguments highlight a party’s most favorable evidence, and states why the evidence shows the ALJ should decide in favor of the party writing the brief.

  Closing arguments explain why a witness is credible or why one witness should be believed instead of another.  Closing arguments should discuss only the evidence that was presented at the hearing.  It should not attempt to offer new evidence.  The closing argument should end by telling the judge what the ALJ should do about each issue.

 Closing arguments may discuss what law applies.  However, parents who do not have an attorney are not expected to know all the law that applies to their case.  The ALJ is an expert in the law that applies.  Therefore, parents are able to make very good closing arguments even if they are not familiar with legal vocabulary or special education law as the most important information to discuss is the evidence that was presented and why it proved your case.

Written closing arguments must be filed and served by the due date and must include a proof of service.  If your written closing argument is late, it may not be considered by the ALJ.

If a party or a witness requires an interpreter the attorney, or the party (if the party is not represented by an attorney), must inform OAH that an interpreter will be needed.  OAH will provide interpreters at the hearing for participants who require them. A request for an interpreter must be made in writing and sent to OAH.  The request must include the language needed and the days the interpreter will be needed.  While there is currently no deadline by which the request must be made, it is recommended that the request be submitted a week before the interpreter’s services will be needed.  This will allow OAH staff the time needed to secure the interpreter from OAH’s vendor.  Requesting an interpreter after that time may result in a delay in the proceedings.

Interpreters will appear either by videoconference or by telephone.  The ALJ will instruct the parties on accessing the interpreter’s services during the hearing.

Any hearing participant with a disability that restricts their ability to participate in a legal proceeding before OAH may request what is called a “reasonable accommodation.”  The Americans with Disabilities Act (42 U.S.C. § 12101, et seq.), commonly known as the ADA, is a federal civil rights statute that requires state governmental entities, such as the Office of Administrative Hearings, to accommodate the needs of qualified individuals who have an interest in our activities, programs and services.

For more information on Reasonable Accommodations, including how to request reasonable accommodations, please see the section in this handbook titled “Reasonable Accommodations.”  Alternatively, you may access this same information on OAH’s website by copying and pasting into your browser the following URL or by clicking on the link: https://www.dgs.ca.gov/OAH/Services/Page-Content/Office-of-Administrative-Hearings-Services-List-Folder/Request-Reasonable-Accommodations-for-OAH-Legal-Proceedings?search=reasonable%20accommodation.

If a party disagrees with the final decision in the case, the party has the right to appeal.  The party may file an appeal in either the state superior court or the federal district court.  An appeal must be filed within 90 days of the date the party receives the decision.