administrative hearing officer

[aayyzz]

I was recently in an administrative hearing and lost the case. Twice, about six months before and seven months after my hearing, the hearing officer was subpended by the government agency for misconduct. The hearing officer was recently fired, I guess for misconduct. She also made untruthful decisions during my administrative hearing. My question is: Can I raise this new issue at the appellate level? Is there a caselaw that can help me based on the hearing officer's proven misconduct?

 

[Attorney_Replogle]

You can only raise the hearing officer's misconduct and subsequent termination if those things actually occurred in your case. Further, his/her's misconduct would have to be substantial such that an appeallate court would agree that it prevented you from receiving a fair hearing.

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Mark B. Replogle