How to Represent Myself

DISCLAIMER: This information is meant as general guidance only and is not legal advice. The administrative process for your case may vary depending on subject matter and issues raised. You are responsible for complying with all legal requirements whether different from or the same as the information contained in this summary. Administrative Law Judges will make every attempt to inform you about the hearing process, but you are ultimately responsible for presenting your case.

Introduction

The purpose of this page is to explain the basics of representing yourself at an administrative hearing. What happens in your hearing may be a little different from the description here. This will depend on the type of hearing, the unique circumstances of your case, and the agency that made the decision from which you are appealing. Those differences are explained in this webpage.

Citizens who appear before the Office of Administrative Hearings (OAH) more often than not represent themselves. Persons representing themselves may be referred to as self-represented or pro se litigants. Self-represented parties are expected to read and understand any notices, hearing instructions, and any specific statutes or regulations that apply to their case. The Administrative Law Judge (ALJ) cannot give preferential treatment to self-represented parties. The ALJ must presume that self-represented parties know the law and procedure applicable to their case.

If you want to be represented by an attorney, it is your responsibility to obtain and pay for legal representation. OAH does not appoint attorneys to represent parties. A party may be represented by an attorney at their own expense. If you hire an attorney to represent you in your proceeding at OAH the attorney must be authorized to practice law in Kansas. If you hire an attorney to represent you the attorney must file an Entry of Appearance with OAH prior to the scheduled proceeding.

The Kansas Administrative Procedures Act allows a party to be represented by a non-attorney representative only where authorized by law. For example, Medicaid appeals allow for a party to be represented by a designated medical representative when proper documentation has been provided to the Agency authorizing an individual to act in that capacity. In cases where there is no statute or regulation authorizing a party to be represented by a non-attorney, that party must either (a) represent themselves in the proceeding; or (b) hire an attorney to represent them in the proceeding.

State agencies may be represented by an attorney; however, they may also be represented by agency representatives, who are not attorneys. Whether or not you or the agency has an attorney,

OAH ALJs and Hearing Officers are required to provide independent and unbiased decision-making when hearing an administrative matter.

An administrative hearing resolves disputes between agencies and citizens/entities without the strict procedural rules of a court. An OAH ALJ conducts the hearing and prepares an order. Generally, an OAH ALJ will prepare one of two kinds of orders: initial orders and final orders.

The difference is this: A final order is one which becomes a final without any further action by the agency. An initial order is different: it does not become a final order by itself; instead, it may become final after passage of time or the agency must issue the final order (or take other actions allowed by statute). The appeal rights section at the end of the OAH order will tell you what kind of order it is and what options are available after that order.

The ALJ who hears your case is not an employee of the agency which issued the administrative decision being appealed. OAH is an independent, self-governing agency, which provides ALJs who are specially trained in administrative law and who must abide by the Kansas Code of Conduct for Administrative Law Judges established by OAH.

Before the Hearing

Generally, the process begins with a notice of action or administrative order issued by the agency. The agency's order will explain how a request for a hearing can be made. However, under Kansas law, not all agency actions are subject to a hearing before an ALJ, so it is important and necessary to carefully read the instructions and follow them exactly.

Scheduling the Hearing

After you properly request a hearing, if your matter is one that will involve a hearing before an ALJ, one of two (2) things will occur: 1) the agency will produce an appeal summary after which the matter will be set for an evidentiary hearing, or 2) you will receive a notice setting a prehearing conference, by telephone, to discuss, among other things, scheduling the administrative hearing. This notice will tell you the date and time of the prehearing conference or the evidentiary hearing, as well as what number to call (or what video link to use). READ THE NOTICE CAREFULLY noting the date and time of the proceeding. All times are Central time. Do not miss your proceeding because you forgot the date or time

For some cases the matter will be set for a prehearing conference before the evidentiary hearing is conducted. The purpose of the prehearing conference is to set the deadlines for the case, including the date of the hearing before the ALJ. This is an important conference, so before the prehearing conference, make sure you have reviewed your calendar to identify any important upcoming dates, such as medical appointments, vacations, and jury duty, for example, so that everyone participating can identify the best possible dates for deadlines and the hearing.

NOTE: Different agencies may have specific deadlines that govern how quickly a hearing must be held and decided. OAH will abide by these specific deadlines and will identify those to the parties to ensure that the scheduling of the hearing will comply with those deadlines.

What if I can't attend at the scheduled time? If you are unavailable at the time and/or place scheduled for the prehearing conference/hearing, you must contact the OAH and file a written request for a continuance, verbal requests will not be considered, as soon as possible before the prehearing conference/hearing. The ALJ will decide whether there is a good reason to reset the prehearing conference/hearing. Make your request as soon as you know you can't attend the conference/hearing. If you have not received a decision from the ALJ on the request, you need to participate in the prehearing conference/hearing. You may use the Motion for Continuance form under the Forms tab.

What happens if I fail to attend? If you fail to attend the prehearing conference - or any other hearing set by the ALJ - you may be found to be in default, meaning that the case may be dismissed or completed without your participation.

What if I need an interpreter or disability assistance? All hearings are conducted in English. If you are not comfortable with English, OAH will provide an interpreter. If you have a physical disability (for example, a speech or hearing impairment), which will prevent you from actively participating in the hearing, please notify OAH as soon as possible so that accommodations may be made. See the Accommodations Request form. In either case, however, you must notify OAH as soon as possible.

NOTE: You cannot bring a family member or friend with you to serve as your interpreter at the hearing.

What if my address or phone number changes? If your mailing address or telephone number changes at any time, you must notify OAH as soon as possible of your new mailing address or telephone number. Failure to report changes in mailing address may result in delays in your receipt of notices, which could impact your ability to participate in your case or cause you to miss critical deadlines for your case.

Can I contact the assigned ALJ if I have questions about my case? ALJs are not permitted to discuss cases with only one party; instead, all parties must be present. If you have a question about your case, you may contact the agency or ask OAH for a prehearing conference with the assigned ALJ. A prehearing conference is a way to get general questions about the proceeding answered, although an ALJ will not address the merits of your case during a prehearing conference.

Preparing for the Hearing

Identify the issues

First, think about all possible issues in your case. Carefully plan your argument, outlining why you think the agency acted incorrectly and why your arguments should win. People sometimes emphasize the wrong issues, they bring up information having nothing to do with the issues in the case.

Stick to the issues

Once you have identified all the issues, stick to them. As you select and collect your evidence, interview witnesses, and write your arguments, you should always stick to the issues. The ALJ does not have the authority to rule outside of the issues in the case.

Know what you are trying to prove.
Make only the essential points.
Don't confuse the issues with irrelevant information - remember, the ALJ can refuse to consider irrelevant evidence.

Collecting and identifying evidence

Once you have identified the issues, the next step is to collect evidence that will help prove your case. Evidence includes your own testimony and supporting documents and witnesses that will help you prove that you are right. You can start collecting evidence by:

Reviewing all-important documents and records that relate to the issues in your case. Read each document and decide if it will help your case.
Interviewing people who have something to say that will help your case.

NOTE: Not every agency allows for new or additional information in hearings before OAH. Sometimes, you may be limited to only using those witnesses and documents that were originally presented to the agency. These limitations may be found in either the agency's governing statutes or its regulations. If you are not sure, you can generally ask at the time of your prehearing conference.

Selecting witnesses

Persuasive evidence is not determined by the amount of testimony. In other words, you don't need many different witnesses to testify about the same facts - in fact, if you have multiple witnesses testify about the same facts, an ALJ may not allow some of those witnesses to testify if their testimony is unduly repetitive.

You should talk with your witnesses before going to the hearing. You cannot, and must not, try to persuade them to give inaccurate or incomplete testimony. But you need to know what they will say if they testify for you.

Can I make a witness appear at the hearing? If you want to call a witness who you think won't show up, you can potentially have that person "subpoenaed." A subpoena is an official document, which requires the witness to appear and testify at a hearing. Generally, you can ask the ALJ to issue a subpoena for a witness by the deadline date ordered by the ALJ. You will be responsible for service of the subpoena and any witness fee and mileage See the Request for Subpoena form.

Pre-hearing submissions

Your prehearing order and/or notice of hearing will generally include deadlines for documents you may need to submit or file before your hearing, including items like witness lists, exhibit lists (including providing a copy of your exhibits to the other party/parties and the electronic file), certain kinds of motions, and pre-hearing briefs summarizing your case and arguments. Be sure to meet all of those deadlines, as the failure to do so may result in you being limited in what arguments you can make, what evidence you can present, or even having your hearing cancelled.

At the Hearing

An administrative hearing is similar to a court trial (that is, a trial in front of a judge, but without a jury), but is less formal. Like a trial, its purpose is to gather facts through testimony, documents, and other evidence. However, unlike a trial, there is no jury, and the hearing may not be held in a courtroom.

Administrative hearings can be held in person, by telephone, on a video conference call (like Zoom), or even by some combination of those options (for example, an in-person hearing where one or more witnesses appear by video). Whether your hearing is scheduled to be in-person or by video/telephone, you must show up at the specified date, time and place, and in the manner stated in the notice.

Things you will need for the hearing

On the day of the hearing, you may want to have the following items with you:

A copy of all the exhibits that you want the ALJ to consider;
a written list of points that you want to make;
a written list of any questions that you want to ask all the witnesses, both your own and the opposing party's; and
pen and paper, so you can take notes.

Hearing procedure

A hearing procedure is generally as follows:

The first thing the ALJ will do is to go through the exhibits to ensure that both you and the opposing party have received them all. Those exhibits will then be admitted into the hearing record, unless either you or the other party objects. To be "admitted" means that the ALJ will be able to review and consider them in reaching a decision in the case.
Next, the ALJ will go through the parties' planned witnesses, to confirm which witnesses are present and will present testimony, as well as to determine if either you or the other party objects to any of the witnesses.
The ALJ will then identify the issue or issues to be addressed at the hearing.
Depending on the nature of the hearing, you and the other party may be given an opportunity to make an opening statement. An opening statement is an explanation to the ALJ what the evidence will show and why the party should win. It is not the time to give actual evidence or to testify. You are not required to make an opening statement.
After opening statements, the ALJ will listen to the testimony of witnesses. Who goes first (you or the opposing party) depends on who has the principal responsibility ("burden of proof"). However, the agency will probably be required to present evidence first. Whoever goes first, that party will call its first witness to testify. At the conclusion of that testimony, the other party can "cross-examine." This is an opportunity for the other party to get clarification of the witness's testimony or to elicit testimony that supports the other party's claim. It is not a time to be argumentative with the witness, nor is it a time to make evidentiary statements. This continues until that party has no more witnesses to call. Often the ALJ will ask several questions, perhaps right after the witness is sworn in or perhaps after you and the agency have asked all the questions you want.
After the first party's witnesses have testified, the other party will now call its own witnesses. It is the same process as before: After each witness testifies, the other party can cross-examine.
Once all the witnesses have testified, you and the agency may be permitted to make closing arguments to the ALJ (although, like opening statements, this depends on the nature of the hearing). A closing argument is one in which both of you, in turn, point out the evidence that was actually admitted during the hearing (testimony and exhibits) and the law which support your respective positions.
If the hearing is complex or lengthy, the ALJ may request that you submit written closing arguments, also referred to as proposed findings of fact, at some future date instead of presenting them during the hearing.
Following closing arguments, the record is closed, and the hearing is concluded.
If your hearing is one where a court reporter is present, and you would like a copy of the transcript, you will need to contact the court reporter directly for direction and payment.

The decision

After the hearing has ended and the record closes (no more evidence will be considered), the ALJ will review all the evidence and testimony. The ALJ will not tell you the decision on the day of the hearing. Instead, you will receive the written decision by mail or E-file. If the ALJ issues an order that is not in your favor, that order will include information about the next steps in the administrative process. If you want to appeal or ask for reconsideration, you must follow the instructions set out in the decision exactly.

Tips

While representing yourself in an administrative hearing might be intimidating, remember that good preparation will make your hearing go much smoother. Here are some other helpful tips:

If this is an in-person hearing (that is, a hearing conducted in a hearing room rather than over the telephone or by video), get there a few minutes early so that you can collect your thoughts and have enough time to set up.
Make sure your witnesses are available at the time and place set for hearing.
If your hearing is by telephone or video, make sure you read your notice carefully as it will state a certain phone number or internet address with an access code that you must use at the designated time.
Also, if your hearing is by telephone or video, check before the hearing that you have a good connection so that your call (or video feed) isn't interrupted.
Make sure you have all exhibits you intend to use at that hearing; remember, too, that the agency will be using its own exhibits as well, so you'll want to make sure you have a copy of all of the documents you received from the agency, as well as make sure that a copy of your exhibits have been provided to the agency and OAH.
You may want to create a checklist of the major points you wish to bring up in the hearing and the questions you want to ask of both your witnesses and those of the other party.
Remember that administrative hearings are usually governed by their own set of rules: the Kansas Administrative Procedures Act, a copy of which can be found here.
Always be courteous to the ALJ, witnesses, and the other party.
Speak simply, clearly, and concisely.
Focus on the key issues in the case.
If you need a break to gather your thoughts, just request one from the ALJ; they will do their best to allow for a break, as long as it does not disrupt the hearing, so you may have to wait a bit before the ALJ starts the break.