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C.  ARGUING YOUR CASE BEFORE A REGULATORY AGENCY

There are thousands of federal and state administrative agencies responsible for enforcing statutory laws. These include state insurance departments, utility commissions, banking departments, and federal agencies including the Federal Trade Commission. The rules and regulations of these agencies spell out in detail what a statutory law means, what it covers, and how it is to be enforced. Many of these agencies require hearings to determine when a person's rights or the regulations have been violated and to define acts or practices that are prohibited by these rules.

Some agencies are supposed to regulate the activity of businesses through hearings, while others compel hearings only after receiving a complaint. Many have the power to assess monetary fines, revoke licenses, or order corrective action such as product recalls. Although agencies are typically empowered to enforce the law by informally negotiating settlements with businesses, some can order settlements and payment to a consumer for damages after a hearing.

Each state and agency imposes different requirements for attending and conducting hearings, such as whether a stenographer needs to be present and whether witnesses are required to testify under oath. They also differ on standards of proof required and the effect of the decision (e.g., if you receive a favorable decision, must you relitigate the matter in court before a judge to obtain recompense, or does the agency have the power to help you collect). Thus, before you request a hearing, speak with an employee of the appropriate agency and obtain pertinent information.

• How quickly can you file?

• When will a hearing be convened?

• Will you be required to meet with an investigator before the hearing?

• How long will the hearing last?

• Will you have an opportunity to review your adversary's position and documents in the file before the hearing?

• How can you learn if witnesses will appear on your adversary's behalf to testify against you?

• Should you hire a lawyer to represent you?

• Is a record made of the hearing? In what form?

• Is the agency's decision final and binding or can the determination be appealed internally? If so, how long will the process take?

• Are formal rules of evidence followed at the hearing?

• Can you subpoena witnesses and documents if your adversary fails to produce them?

• Is the preparation and presentation of your claim worth your time and attention or are you better served filing a lawsuit in court?

• What is the specific statute you can read that explains how the hearing is conducted and what will happen after it is concluded?

If you decide to proceed, it is your responsibility to follow the progress of the hearing. Attend the hearing on the date in question. If you cannot be present, speak to an individual responsible for scheduling, explain your reasons, and ask for a more convenient date. Call that individual the day before the old hearing date to confirm that your request has been granted.

When preparing for the hearing, be certain that any friendly witnesses will attend and testify on your behalf If necessary, ask a representative from the agency to subpoena key disinterested witnesses. Make sure your story or case is organized beforehand. Arrange all evidence so it can be produced readily. Prepare an outline of key points to be discussed and questions to ask each witness, and practice what you will say. This will relax you and help organize the important facts.

Arrive early and advise the scheduling person of your arrival. Bring your evidence and dress in business clothes. The administrative agency judge or authorized representative will conduct the hearing and ask you questions. Keep your answers direct and to the point. Show the judge your evidence. Speak directly to the judge and respond to his or her questions. Refer to him or her as "Your Honor" and do not argue. If you are asked a question while speaking, stop immediately and answer.

After your opponent has finished testifying, you may have the opportunity to cross-examine the testimony and refute what was said. Do not be intimidated. Ask the judge to intercede on your behalf when you feel your adversary or his attorney is treating you unfairly. Most judges are sympathetic on this issue.

Decisions are not usually obtained immediately after the hearing. You will probably be notified by mail within a couple of weeks.