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Office of Administrative Hearings: Sources of Procedure and Procedural Rights

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If you appealed your business license denial and your case is pending effectively in the Office of Administrative Hearings, it is essential to understand the procedural rules of this administrative court as well as your procedural rights. This means that you and/or your attorney must have a good understanding of the sources of the administrative rules and procedural rights.

There are five main sources of the administrative procedure, including procedural rights, for the cases pending in the Office of Administrative Hearings. First, the Due Process Clause of the U.S. and Minnesota constitutions. Due process rights must be afforded to parties irrespective of whether they are explicitly mentioned in a relevant statute. The two most important rights include: a right to notice and a right to a hearing. A deep understanding of the due process clause may be required to mount an effective defense against the state’s claims or to support your arguments for approval of your business license application.

Second, Minnesota Administrative Procedure Act can be found in Chapter 14 of the Minnesota Annotated Statutes. It constitutes is an important source of the procedural rules for Minnesota state agencies, and, among other things, sets up the procedures for an agency’s rulemaking and applicant petitioning.

The most direct source of the OAH procedures are the rules of the Office of Administrative Hearings(OAH). The Rules can be found in Chapter 1400 of the Minnesota Administrative Rules. Knowledge of the rules is crucial for effective pre-hearing practice as well as the conduct of the actual hearing.

Fourth, a specific statute or an agency’s procedural rules may provide for the specific procedural rules and even substantive requirements.

Finally, where an agency or the OAH has not promulgated a rule to govern unanticipated circumstances, the administrative law judge is likely to rely on the Minnesota Rules of Civil Procedure. In fact, the OAH rules specifically mention the Rules of Civil Procedure as a guide for an administrative law judge in situations where the administrative rules are silent.

I have already detailed elsewhere (click here) the great importance of timely hiring an attorney to represent you in case of a business denial appeal. Here, I will just reiterate that hiring a business lawyer knowledgeable in the OAH rules and procedures is likely to save you nerves, time, money, and even determine the outcome of your case.

Sherayzen Law Office can help you every step of the way in your business license denial appeal case. We will make the utmost use of the pre-hearing process and will provide a vigorous and creative defense of your interests during the hearing.

Call NOW to schedule the consultation!

Business License Denial Appeals and Office of Administrative Hearings

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If your business license was denied by a government agency in Minnesota, you need to act immediately to secure an administrative appeals lawyer to analyze the facts of your case from a legal perspective. In almost all cases, a license denial by a government agency can be appealed for additional review. This right to appeal, however, usually has a definite time limitation. Most Minnesota government agencies give you as little as thirty (30) days to appeal the denial of your business license, and it is very rare to have more than sixty (60) days to appeal an administrative determination.

In Minnesota, most of the business license denial cases are appealed to the State of Minnesota Office of Administrative Hearings. The Office of Administrative Hearings is an independent agency which should conduct impartial hearings for other state agencies. Once you appeal your business license denial, you will become part of what is known as a “contested hearing” – basically, this means that there will be a trial-like hearing. An administrative law judge will preside over a hearing while both sides have an opportunity to present their evidence and cross-examine each other’s witnesses.

Indeed, even though this is supposed to be an administrative hearing with much more relaxed procedures than those adopted by the civil courts, the Office of Administrative Hearings follows a set of rules which partially adopt and/or resemble the Minnesota Rules of Civil Procedure. This means that a skilled lawyer may take full advantage of the prehearing motion practice to benefit his client’s case.

A major drawback of the contested hearings conducted by the Office of Administrative Hearings is the fact that, in most cases, an administrative law judge is only able to issue a recommendation which may be rejected or accepted by a government agency that originally denied the license. This means that, if the government agency persists in its denial and ignores a contrary ruling by an administrative judge, you will have to appeal the case further to the district court. This is not common, but it happens.

As you can see, the appeal of a business license denial is not an easy task and may require a detailed knowledge of laws and administrative procedures. This is why it is important to secure the help of a Minnesota administrative appeals business attorney as soon as possible.

Sherayzen Law Office has the necessary administrative appeals experience and knowledge of the rules and procedures of the Office of Administrative Hearings to mount an effective and vigorous representation of your interests.

Call NOW to talk with an experienced administrative appeals lawyer!