If my case is referred to SOAH as a written submission hearing, may I convert the hearing to an oral hearing or vice versa?
Yes. Once SOAH obtains jurisdiction, you may file any appropriate motion in accordance with SOAH procedural rules to request the matter sought. There are certain cases in which the Comptroller has the burden of proof, so you should be aware that it is possible in those cases that the staff attorney representing the Comptroller may object to your request to convert the scheduled oral hearing to a written submission hearing.
Related Questions
- If a case is referred to SOAH with a request for the assignment of an ALJ because of a discovery or procedural dispute, will the case be sent back to the Comptroller once the dispute is resolved?
- If only a legal issue is in dispute, can I request the ALJ to issue a PFD without converting my oral hearing into a written submission hearing?
- If my case is referred to SOAH as a written submission hearing, may I convert the hearing to an oral hearing or vice versa?
