Terms Commonly Used in Due Process
Hearsay - Oral or written evidence that is secondhand information where the witness does not have personal knowledge, but is repeating what other individuals had reportedly told them.
Evidence - Documents, material objects and testimony that are submitted to support a position or fact as well as to disprove a position or fact.
Ex-parte Communication - Communication with the hearing officer or administrative law judge either by or for one side only, without notice to or participation by the other side (Note: Hearing officers or administrative law judges typically do not allow this to occur).
Motion - A request to the hearing officer to issue an order directing a course of action.
Petitioner (Appellant) - The individual or agency requesting the hearing.
Respondent (Appellee) - The individual or agency answering the request for a hearing.
Pre-hearing Conference - A meeting held, either in person or by telephone, including the hearing officer and representatives of both the petitioner and the respondent used to clarify issues of the hearing and to handle any pre-hearing requests.
Sequester or Separation of Witnesses - An order forbidding witnesses from discussing the issues of the hearing with other witnesses usually requires witnesses not testifying to be removed from the hearing room.
Stipulation - An agreement by the parties to a fact, evidence, relevant issue, etc.
Denials and Appeals
- If your funding request is denied, don’t be dismayed. Stay determined.
- Initial denials often happen.
- The most critical thing to do in the event of a denial is to appeal.
- Get the reason for the denial in writing. The written explanation will tell you if the request was denied due to lack of required information or lack of understanding by the funding source.
- Rarely is a request for funding denied due to lack of need or perceived importance in the individual’s life.
- If required information was missing from the request, obtain the information and resubmit it.
- If there is more information needed, find out exactly what is needed and to whom this information should be sent.
- Make sure the information gets to the right person. Don't leave this to chance. Follow up with a phone call to make sure that the requested information has been received.
- It is critically important to follow any timelines and procedures when filing your appeal.
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