Informal hearing should be kept that way to avoid intimidating the parties. If an attorney uses courtroom techniques, including objecting to questions or answers on the grounds that they are incompetent, irrelevant, or immaterial, or moving to strike answers or to dismiss the case or parts of it, the examiner should persist in reminding the attorney that these actions are unnecessary, that the decision will be founded upon substantial evidence only. Complainants may withdraw the request for a hearing, in writing, at any time. Respondents or complainants may request rescheduling of the hearing for good cause in accordance with federal, state or agency rules that may apply. Parties should be encouraged at any time during the process to resolve issues between themselves if possible.
Many issues are the result of poor communication between program participants and agency staff.
The hearing examiner must prepare and review the case file. The examiner should also look at previous cases on similar issues. The hearing examiner must determine if the complaint was filed within the specified time frames as determined by policy, rule or law. The examiner must notify the parties of dismissal and appeal rights, if any. If issues are unclear, the examiner should formulate a set of questions to be answered at the hearing.