2. Requesting a Hearing

  1. General requirements. 
    All hearing requests must comply with specific content and deadline requirements.  The regulations applicable to the type of case for which a party is requesting a hearing provide these requirements.  The party requesting a hearing should refer to the notification of adverse action to determine which regulations apply to its case.
  2. Filing Electronically. 
    All hearing requests must be filed electronically using the Departmental Appeals Board Electronic Filing System (DAB E-File).  See CRDP § 6 below for further instructions.  
  3. Signature and notification of adverse action. 
    All hearing requests must be signed by the party requesting a hearing or its authorized representative.  All hearing requests must be accompanied by a copy of the notification of adverse action a party believes triggers the right to a hearing.  Do not send the statement of deficiencies.  An ALJ may dismiss a hearing request if it is not signed or a copy of the notice of adverse action is not submitted.  A hearing request signed by a non-attorney representative must be accompanied by a document appointing the non-attorney representative, signed by the party for whom the hearing is requested in accordance with CRDP § 3b.
  4. Docketing. 
    Cases are docketed upon receipt of a request for an ALJ hearing.  Letters or other notices that do not request a hearing may be returned to the sender or forwarded without being docketed. 
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