The Labor Commissioner hearing is considered to be more formal than the claim conference, so while it is recorded by an audio recorder, it is also held under oath. The hearing officer, previously assigned by the Labor Commissioner Office, will use any testimony given to make an order that either grants or denies a reward to the plaintiff. Plus, if this case should ultimately go to trial due to either party filing an appeal, it will also be used as evidence at trial. For this reason, considering the fact that you may want to appeal the decision, it is important to keep an accurate account of the hearing to be used to point out inconsistencies in the plaintiff’s claim and their argument.
At the beginning of the hearing, the hearing officer will give a brief opening statement outlining the details of the issue at hand. The hearing officer may also allow both sides to also give an opening statement, though this is not a guarantee. The hearing officer may choose to just begin the hearing immediately. Ensure that you are prepared, calm and ready to give an opening statement, should it be granted, as well as for the hearing overall.
The plaintiff will be allowed to present their evidence first, with you, the defendant following. The evidence presented will include testimony by the chosen witnesses who will also be expected to explain any relevant documentation evidence previously subpoenaed. Witnesses will be questioned by their own side first and then cross-examined by the other side.
While the plaintiff’s witnesses are testifying, I suggest that you keep careful notes to allow yourself to question them about any inconsistencies discussed or to clear up anything that may have been left unclear. If the decision is appealed, it is important that any inconsistencies are on the record.
It Is the responsibility of the hearing officer to conduct, manage and judge the hearing. They will be who makes the decision of the claim as well as the amount of reward to be granted. It is also their responsibility to explain any unknown terminology being used or any issues being brought up. This is very important since any of the two sides is allowed to represent themselves. The standard used for hearsay evidence is also decided upon by the hearing officer. Plus, if needed, they may choose to assist the opposing counsel during cross-examination.
The hearing officer also has the right to question either party and/or their attorneys and witnesses to better understand any relevant issues covered during the hearing which they feel they need more information about in order to reach their decision. Acting as the judge during the hearing, the hearing officer has the right to interrupt either party during questioning in an attempt to obtain further information or to assist with a non-responsive witness. Analyzing each piece of evidence and testimony used, the hearing officer will decide whether or not there are any stipulations or conditions that might be common knowledge for both parties and should then be put on the record.
Once the hearing is completed, you will need to wait for as long as fifteen (15) days to receive the decision made by the hearing officer. It will be issued as an Order, Decision or Award (ODA) and will be served to each party. The ODA will inform you of the decision and amount of award granted or denied, which, if granted, will also include the court and attorney fees paid to date by the plaintiff on this matter.It is important to be familiar with the process of these Labor Commissioner hearings before they occur so that you are better prepared for the procedure and are not caught off guard.
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