The Sanders Firm, P.C.: New York OATH Hearings Lawyer
At The Sanders Firm, P.C. in New York City, we are well acquainted with the Office of Administrative Trial and Hearings (OATH) and the hearing process. As a legal firm with a focus on civil service law, we have represented numerous clients in OATH hearings. OATH hearings are serious issues as the results of such can affect your employment and civil service rights.
The OATH conducts hearings when the law specifies that a government agency must do so before instigating an action that could affect someone’s legally protected rights. These hearings are presided over by an administrative law judge who rules on the facts and the law. In most OATH cases, there is a pre-trial conference. In these conferences, which include an administrative law judge, the parties involved, and the legal representatives of those parties, there is an attempt to settle the matter at hand before going to trial. All proceedings held by OATH must adhere to the rules of practice as published in title 48 of the Rules of the City of New York (RCNY).
Need for Representation
In representing clients in OATH hearings, The Sanders Firm, P.C. must often deal with complex legal issues that involve your rights, civil service law, and the laws of the State of New York. These hearings, most of which are open to the public, follow traditional trial procedures. (Note, unlike most other courts, in OATH, which is an administrative court, an employee may elect to be represented by a non-lawyer or may even represent his/herself)
OATH hearings include opening statements, the laying out of each party’s direct case that includes a cross-examination by the other party, and closing arguments. The burden of proof is on the entity filing the action. They must prove their case with a preponderance of the evidence. This is the same standard used in civil court proceedings, which means that OATH hearings have less stringent rules of evidence than are used in criminal cases.
OATH hearings occur when the head of an agency wants to receive a recommended decision how to decide a case. The head of the agency has the power to make the final decision in the matter. Other cases that are heard by OATH are looked to as being the final decision before the next step, which may be an appeal.
Civil Service Law and The Sanders Firm, P.C.
The Sanders Firm, P.C. in New York City is ready to represent you in your OATH hearing. Contact us and we will listen to your case, evaluate the facts, and devise a plan of action. OATH hearings are serious, complex matters that can compromise your rights, affect your civil service job, and change your future. At The Sanders Firm, P.C., we are ready to be your voice for justice in an OATH hearing, protecting your rights