Kansas Office of Administrative Hearings
E-File Portal

FAQs

Q. What is the Office of Administrative Hearings?
A. The Office of Administrative Hearings (OAH) was created in the Kansas Department of Social and Rehabilitative Services (now the Department for Children and Families). OAH is Kansas' centralized administrative hearings panel which was authorized as an independent agency in 2004. When disputes arise between certain state agencies and the people and entities they regulate, Administrative Law Judges at OAH provide fair, prompt, and orderly adjudications. For more information, visit About OAH.
Q. What is an administrative/fair hearing?
A. An administrative/fair hearing is very similar to a trial in court with witnesses, exhibits, and rules of evidence. The hearing is your chance to tell your side to an impartial Administrative Law Judge, who acts as both judge and jury.
Q. How do I request an administrative/fair hearing?
A. Send your written request for a hearing to the address indicated on the notice you received. It must be received within the time period stated on the notice. For certain agencies, the local office will explain the hearing procedure and supply you with the necessary forms. If requested, staff at the local office will assist you in filling out the forms and mailing them to the Office of Administrative Hearings.
Q. What should my request include?
A. Be sure to include your full name, address, telephone number, a copy of the notice from which you are appealing, the agency name and a description of the action you are appealing. (Appeal Form) If at any time during the appeal process your address changes, it is your responsibility to provide that address change to the Presiding Officer.
Q. Are there any deadlines for requesting a hearing?
A. If you desire to request a hearing you must do so within a certain period of time. Different types of cases and proceedings have different deadlines. It is your responsibility to make sure you make the request within the required timeframe listed on the notice sent by the agency. Failure may result in the denial of your request. The deadlines are included in the appeal rights on the notice you received.
Q. When will the hearing be held and how will I be notified of the hearing date?
A. Notice of the date, time, and place of the hearing will be sent to you at least 10 days before the hearing, unless waived by the parties.
Q. What if I can't be there on the scheduled hearing date?
A. Unless otherwise required by law, continuances may be granted in any case for good cause shown. Requests for continuance should be in writing, include identifying information about the case, such as a case number or caption. Parties are encouraged to use this Motion for Continuance Form. Continuance requests should be specific and submitted as soon as you discover a conflict. Continuances may also be requested during a hearing. In any event, the Administrative Law Judge will issue a written order as to whether a continuance is granted or denied. Unless you receive an order from the Administrative Law Judge confirming that the hearing has been continued, you must assume the hearing will proceed as scheduled. Failure to appear may result in the matter being dismissed in accordance with K.S.A. 77-520, or other applicable statute or regulation.
Q. What if I don't attend or fail to participate in the hearing?
A. If you fail to attend your hearing after written notice is served, the Administrative Law Judge may find you in default, K.S.A. 77-520, and proceed with the hearing in your absence. In some cases, if you fail to appear, you have waived your right to the hearing. In most cases, the Administrative Law Judge will issue a Proposed Default Order that permits you to respond and indicate why you failed to attend. Parties are encouraged to use this Request to Vacate Proposed Default Order Form. The Administrative Law Judge will consider any response in deciding whether to find you in default or schedule a new hearing date.
Q. What if I am late to the hearing?
A. Unless you are excused by the administrative law judge for good cause, your case may be found in default if you are more than 10 minutes late. If an emergency arises on your hearing date causing you to be late for the hearing, immediately telephone the Office of Administrative Hearings (785) 296-2433 and explain the problem. However, only the Administrative Law Judge can grant a continuance, and a continuance will need to be requested in writing. Please be prepared to provide information to help our staff identify the case, including the case name and docket number. A continuance may also be requested by an Administrative Law Judge.
Q. Where will the hearing be held?
A. Hearings are usually conducted by telephone or video conference. Hearings that are conducted in-person are usually held at the Office of Administrative Hearings, 1020 S. Kansas Avenue, Topeka, Kansas 66612. Appear on time to your hearing with your witnesses (if any) and documents.
Q. Will the hearing be recorded?
A. Yes. If your hearing is held by telephone or video conference, an audio recording will be generated. If your hearing is in-person, it may be recorded by audio, and, additionally, a court reporter may also be present to create a transcript of the hearing.
Q. What if I have a disability and require an accommodation?
A. If you or any of your witnesses have a disability and require an accommodation to participate, contact OAH as soon as possible. You will need to complete the written form requesting an accommodation that informs the OAH about how the disability effects the ability to participate and describe how we can help by accommodating the need so you can access our facilities and services. Click Accommodations Request in Forms or call OAH at (785) 296-2433.
Q. What is a prehearing conference?
A. A prehearing conference is a brief phone call with the judge and the other parties. Not all appeals have a prehearing conference. You will know if you have a prehearing conference if you receive a Notice of Prehearing Conference.
Q. May I review the information relied upon by the agency in making the decision or taking the final action?
A. Yes. Any records that are to be presented or entered into evidence must be made available to all parties. You or your representative may review such information prior to the hearing date by making a records request at a prehearing conference or requesting a prehearing conference.
Q. What will I need to bring to the hearing?
A. You may bring any other information you think will help to prove that the agency's decision or final action was incorrect. Please review your Notice of Hearing for any deadlines imposed on providing copies of documents you intend to offer at the hearing.
Q. What is an exhibit?
A. Exhibits are documents, records, or other tangible objects that are marked for introduction as evidence and, if you want the judge to rely on it when making a decision, that are admitted into evidence.
Q. May I bring an attorney or other representative to the hearing?
A. Yes. You may have an attorney, and in some instances, you may have a non-attorney represent you at the hearing. If you have a question, you should contact the Office of Administrative Hearings. The attorney or other representative will be at your expense. If you hire an attorney, he or she must be licensed in the State of Kansas and enter their appearance on your behalf prior to the hearing. Neither the Administrative Law Judge nor anyone else from OAH may give you legal advice. Please note that an attorney will not be appointed for you.
Q. I don't have an attorney, can OAH recommend one?
A. As an independent, unbiased agency, OAH cannot recommend any specific attorney to you. Instead, it is suggested that you ask friends and family for attorney recommendations or contact the Kansas Bar Association for assistance in locating an attorney.
Q. May I bring a witness to the hearing?
A. Yes. You may bring any person with you to the hearing that has information about your case. You should notify the Presiding Officer and the other party in advance of the hearing.
Q. What is a subpoena and a subpoena duces tecum?
A. A subpoena is an order for someone to appear. A subpoena duces tecum is an order for someone to make documents or other items available to you. To request a subpoena, please submit a Subpoena Request Form. Since you are required to have the subpoena served, you should request subpoenas well in advance of the hearing.
Q. Can witnesses be subpoenaed?
A. Yes. The Presiding Officer can issue a subpoena that requires the subpoenaed person to attend the hearing. If you want a subpoena issued, you must make a written request to the Presiding Officer of the witness's name and address prior to the hearing utilizing the Subpoena Request Form. You are responsible for serving the subpoena, complying with all witness fees and expenses and any costs associated with the witness attending the hearing.
Q. Who conducts the fair hearing?
A. An Administrative Law Judge (ALJ) from the Office of Administrative Hearings conducts the hearing as the Presiding Officer.
Q. What is an Administrative Law Judge?
A. An administrative law judge (ALJ) is not part of a court. The administrative law judge is an employee of OAH and not an employee of the regulating agency which has initiated the action or from whose action or inaction you have appealed.
Q. Does the Administrative Law Judge represent me or the agency?
A. Neither. The Administrative Law Judge is an administrative law judge, who is an impartial individual. He or she will enter an order based upon the evidence presented by the agency and by you and admitted by the ALJ at the hearing.
Q. Can I call the Administrative Law Judge to discuss the case?
A. A party to an adjudication may not talk to the presiding Administrative Law Judge about a case without the participation of all other parties to that proceeding. If you wish to discuss specific issues with the Administrative Law Judge or talk about your side of the case, the other party(s) must be included in the conversation. Generally, it is best to speak with the other party about your need to contact the Administrative Law Judge. If you have any direct communication with the Hearing Officer without involving the other party, the Administrative Law Judge is required to provide that communication to all parties in the case. If you have a question about your case or need to schedule a pre-hearing conference so that you can talk to the ALJ with the other party present, you may contact the Office of Administrative Hearing.
Q. What is "burden of proof"?
A. In every administrative contested case, there are certain facts that need to be established in order for the Administrative Law Judge to apply the law properly. If there is no evidence of those essential facts, the Administrative Law Judge must find that the essential facts have not been proven. Burden of proof refers to the responsibility that one party or the other has to produce evidence that establishes essential facts.
Q. Can I settle my case without a hearing?
A. Yes, cases often settle without a hearing. The parties are encouraged to discuss settlement and may agree to a settlement at any time. K.S.A. 77-505. Contact the agency representative if you are interested in settling your case without a hearing. A case may even be informally settled after the hearing but before a final decision is issued. If appropriate, the Administrative Law Judge may even allow the parties to delay a hearing to allow them additional time to discuss a potential resolution to the case.
Q. If I am dissatisfied with the initial order of the Administrative Law Judge, what is the next step?
A. You may request a review in writing. The Initial Order will indicate the agency head to whom a request for review should be addressed. Observe any deadline mentioned in your order. Further appeal rights will be outlined in the initial order. The agency head will issue a final order indicating their decision.
Q. What is the State Appeals Committee?
A. It is a three-member panel made up of individuals from the agency involved in your appeal. These individuals have knowledge of the agency's programs and policies. They will review the presiding officer's initial order and the reasons for the appeal. The State Appeals Committee will issue a final order.
Q. If I am dissatisfied with the final order issued by the Agency Head/State Appeals Committee, what is the next step?
A. You may file a petition for review with the district court clerk in the county in which the order or agency action you are appealing was issued pursuant to K.S.A. 77-601 et. seq.
Q. What is the most frequent mistake made by individuals during the administrative hearing process?
A. Failing to read the notices and documents issued as part of the hearing process. Read everything you receive very carefully.
Q. What if I want to cancel my hearing?
A. You can cancel a hearing only if you were the one to request it. A request to cancel a hearing is called a withdrawal. This ends your case. A Notice of Withdrawal is available in the Forms.
Q. How do I get access to use OAH's E-file portal?
A. If you are not an approved e-filer, you may access the OAH E-file portal by completing the E-file Agreement Form. This Agreement is located at the Resources tab on the OAH website under Other Forms.
Q. How do I submit documents to the OAH E-file portal?
A. Utilizing the OAH E-file portal, you can upload an image of your document(s) to the OAH E-file portal.
Q. Can I get access to OAH's E-file portal if I am not participating in a case before OAH or if my case has been closed?
A. No. Unless you have a case pending before OAH or are an attorney of record or authorized representative for a party that has a case pending before OAH, you will not be permitted access to the OAH E-file portal.
Q. I am having problems accessing OAH's E-file portal. What can I do?
A. If you have been given an access code and are having difficulty accessing the OAH E-file portal then you should call OAH at (785) 296-2433.
Q. I don't have access to a computer or mobile phone. Do I have to use OAH's E-file portal to submit documents or exhibits?
A. No. In addition to e-filing, there are four alternative methods for filing documents or exhibits with OAH: (1) You can e-mail using OAH@ks.gov. Your e-mail must include the OAH appeal number, your name, your complete mailing address, and your phone number with area code. This information lets us put your filing in the correct appeal and we can contact you if we have any questions. DO NOT send questions or general correspondence to this email address as OAH will not respond. (2) You may file by fax at (785) 296-4848. Your fax must include the OAH appeal case number, your name, your complete mailing address, and your phone number with area code. This information lets us place your document(s) in the correct appeal and we can contact you if we have any questions. (3) Filings may be sent to OAH through U.S. mail or other letter/parcel delivery services such as FedEx or UPS. OAH's address is 1020 S. Kansas Avenue, Topeka, KS 66612. (4) Filings may be hand delivered to OAH, but entry will be limited and controlled. After you enter the building, look for the cluster mailbox in the lobby. The file stamp is on the side of the mailbox. Use the file stamp on your filing and put it in the slot labeled "Drop Filings Here." If you want a "filed" stamp copy, please bring an additional copy of the filing to file stamp.