What happens after a formal hearing is requested?
The Assistant Administrator will determine whether there is a factual issue appropriate for a hearing, otherwise known as an issue of material fact. Claimant’s counsel will have the opportunity to object to a hearing within 60 days of the date you serve your reply. If Claimant‘s counsel objects to your request for hearing, it must submit a Motion for Final Agency Order along with supporting evidence. Claimant must explain why there are no issues of material fact in dispute and why a hearing is unnecessary to render a decision on whether the respondent committed the violations alleged in the NOC. You may file a response to the Field Administrator’s Motion for Final Agency Order within 45 days of the Field Administrator’s motion. Your response should state why Claimant’s motion should be denied. If the Assistant Administrator decides that a hearing is appropriate in your case, the matter will be referred to an ALJ within the Department of Transportation for a formal hearing. Hearings bef
