Legal Definitions - hearing examiner

A hearing examiner is a government official, often an attorney, who presides over formal administrative hearings for a government agency. Unlike a judge in a traditional court, a hearing examiner works within the executive branch of government, not the judicial branch. Their primary role is to conduct proceedings that resemble a trial, where they listen to testimony, review evidence, and hear arguments from parties involved in a dispute with a government agency.

After the hearing, the examiner typically issues a recommended decision or an initial order. This decision is then usually reviewed by the agency itself, which may adopt, modify, or reject it. The agency's final decision can often be appealed to a higher authority or a court. This role is often synonymous with an administrative law judge (ALJ).

• Professional License Revocation: Imagine a state board responsible for licensing nurses receives a serious complaint alleging professional negligence against a registered nurse. Instead of the case going directly to a criminal or civil court, the board schedules an administrative hearing. A hearing examiner would preside over this proceeding, listening to testimony from the patient, the nurse, and any expert witnesses. The examiner would review medical records and other evidence, then issue a recommended decision to the nursing board on whether the nurse violated professional standards and what, if any, disciplinary action, such as license suspension or revocation, should be taken.
• Disability Benefits Appeal: Consider an individual whose application for state disability benefits has been denied by the relevant agency, and they wish to appeal that decision. A hearing examiner from the state's disability services department would conduct a hearing. During this hearing, the examiner would hear arguments from the individual, who might present medical evidence and personal testimony, and from the agency representative, who would explain the basis for the initial denial. The examiner's role is to impartially weigh all the evidence and testimony to determine if the initial denial was correct according to state law, and then issue a decision on the appeal.
• Zoning Variance Request: Suppose a homeowner wants to build an addition to their house that slightly exceeds the maximum height allowed by local zoning ordinances, requiring a variance. If the local planning department denies their initial request, the homeowner might appeal to a zoning board, where a hearing examiner would preside. The examiner would hear arguments from the homeowner explaining their need for the variance and from any neighbors who might object. They would review architectural plans and local zoning codes, then provide a recommendation to the zoning board on whether the variance should be granted based on the evidence and local regulations.