If an Arizona licensing board decides a health care provider should have their license suspended or revoked, the Board will refer the case to the Office of Administrative Hearings (OAH). OAH then schedules a hearing between the licensee/certificate holder and the Board. It’s at this stage you should consider having a qualified attorney to represent you.
What to expect.
An administrative hearing is like a trial, but less formal. Each party presents evidence, either as sworn testimony or as documents. Before the hearing, each party may make an opening statement to explain what the party believes the evidence will show. At the end of the hearing, each party may present a closing argument to explain why the Administrative Law Judge (ALJ) should rule one way or the other. After the hearing, the ALJ will review all of the evidence and issue a decision which will be submitted. This decision is then submitted to the agency which brought the action or whose action is being appealed from. See OAH Procedural Rule at A.A.C.19-116.
In most cases you have the right to appeal the regulating agency’s final order to the Superior Court. Final orders should specify your appeal rights.
Why do you need an attorney for an administrative hearing ?
While an administrative hearing is less formal than a trial, it is still, nonetheless, a legal proceeding. As such there are many rules which have to be obeyed while presenting your case before the ALJ. For this reason it is imperative you have an Arizona Board of Nursing Administrative Hearing Attorney working on your behalf prior to and during the hearing. If an appeal is later required, your attorney will help you prepare for that as well.