You should bring all of the documentation you have received since your appeal began, any witnesses you wish to question during the hearing, and anything you wish to introduce as an exhibit (with extra copies) at the hearing.

Please refer to the orders issued in your case for additional information.

For  Tenncare and Safety cases, you typically do not have to file anything with APD before the hearing unless you are specifically directed to do so by the judge.

For other case types, you may be required to file a Witness and Exhibit List, or other documents as directed by the ALJ assigned to your case. Please refer to the orders issued in your case for specific information.

Please note, if the opposing party in your case files a motion, APD’s rules allow seven days for you to file a response to that motion.

If you wish to pursue mediation in addition to a due process hearing, you will be assigned two case numbers – one case number for your mediation and a different case number for your due process case. Two different ALJs will be assigned to the two tracks of your case – one ALJ for your mediation and a different ALJ for your due process case. This is to prevent statements that are made and discussions that may happen during the mediation from affecting the ruling of the ALJ in your due process hearing. If you have both a mediation and a due process case with APD, your due process case may be postponed until the conclusion of your mediation.

APD and our ALJs cannot give you legal advice. If you are debating between a hearing and mediation, you may want to seek legal counsel.

However, a few important things to know …

• Mediation is not required. It is voluntary. Both sides must agree to try mediation.
• You can have both mediation and a hearing. If you want to try mediation first, then your hearing may be postponed until the resolution of your mediation. If your mediation is unsuccessful and you are not able to reach a mutual agreement between the parties, then you can continue to pursue the more formal avenue of a hearing.
• For mediation to be successful, both parties must agree on the final resolution of the dispute. In a hearing, the parties do not get a say in how the judge or the board or commission rules.

Mediation is an alternative method for trying to resolve a legal dispute, rather than going to a formal hearing, in which a mediator helps disputing parties reach a mutually agreeable solution to their differences in their case. If the parties request mediation, a different ALJ other than the one assigned to the due process case will serve as the mediator.

A hearing is a more formal legal proceeding, much like a trial in court. At the end of a hearing, either the judge or the board or commission will determine the outcome of the case.

If you are unable to attend your scheduled hearing, you will need to request a continuance. Preferably, you can first contact the opposing party to discuss your need for a continuance. If you can mutually agree upon a new date, then both parties can file a joint motion for continuance. If you are unable to contact the other party or are unable to reach a mutual agreement for a continuance, then you may file a Motion for Continuance with APD. Both a joint motion or an individual Motion for Continuance should include the specific reasons why the party or parties cannot attend the scheduled hearing and need a new hearing date. In both scenarios, it is up to the ALJ whether or not the request for a continuance will be granted.

Unlike cases in criminal court, you are not entitled to have an attorney appointed for your administrative case before APD. You may, however, hire an attorney to represent you at your own expense.

Cases before APD are official legal proceedings and they can be complicated. We understand that, and we try to make the process, hearings, and orders as straightforward as possible. However, we also encourage those with complicated cases and who cannot afford an attorney to reach out to your local bar association or Legal Aid Society in your county or region.

In some hearings, the judge alone will hear your case. The judge’s decision will be made in a written order which will be sent to both parties. In some hearings, your case will be heard by a board or commission that is sitting with the judge. In this type of hearing, the board or commission will determine the outcome of the case, while the ALJ makes legal rulings on procedure but does not decide the final outcome.

An administrative hearing involves a dispute over the administration or implementation of government laws and rules. An administrative hearing is conducted in basically the same way as a trial with both parties presenting evidence to an Administrative Judge or to a board or commission.