PM 23-06-01-c: The Hearing

WAG 23-06-01-c.

The administrative disqualification hearing (ADH) is conducted by a hearing officer. The hearing officer reviews all the evidence presented and makes a decision. The evidence has to be clear and convincing for a decision of IPV to be made.

When an ADH involves a determination of whether or not a signature is genuine, AHS coordinates scheduling so that the FDE can testify by telephone at the hearing. Prior to the hearing, BQC receives copies of the FDE's statement of qualifications, signatures used in the determination, and conclusions in the case, to present at the hearing. The FDE keeps the originals and testifies from them during the hearing.

A decision is made even when the client or someone acting for the client is not at the hearing. The hearing officer makes the decision using the evidence that is available. If the hearing officer decides that an IPV happened, the client is sent a notice.

The client has 30 days after the date of the notice to request a new hearing, if they can provide proof they did not receive the scheduling notice. In all other instances, the client has 10 calendar days from the day of the hearing to contact the hearing officer to explain why they missed the hearing. If the hearing officer decides the client has a good reason for missing the hearing, the reason is entered into the hearing record, the decision is voided, and a new hearing is scheduled.