Hearing Information

The Executive Hearing Office conducts administrative hearings regarding departmental actions taken by the Arizona Department of Transportation as authorized by Arizona Law.

The Executive Hearing Office provides a neutral forum for a fair and impartial hearing.  Hearings are administrative in nature.  All testimony is taken under oath, the hearing is audio recorded, and the decision is final subject to rehearing or appeal.  The Administrative Law Judges (ALJs) who preside over the hearings at the Executive Hearing Office are experienced attorneys licensed to practice law in the State of Arizona.  
 

Your Responsibilities:

You must inform the Executive Hearing Office and MVD immediately if you change your address or other contact information while your hearing is pending.  If you fail to do so, you may not receive important information about your case and you could lose your case by default.

If you require special accommodations, such as foreign language interpreter, sign language interpreter or TTY telephone accommodations, please inform the Executive Hearing Office of that need as soon as possible to avoid any delay in scheduling.

The Executive Hearing Office conducts hearings in person, by video conference from other MVD/ADOT locations, and by telephone.  Please check your notice of hearing to determine where and how your hearing is being held.

Preparing for your hearing:

Arrive early to allow time to find parking and check in at the receptionist desk.  If you are going to be late, you should contact the Executive Hearing Office immediately at 602.712.7737.

It may be helpful for you to make a checklist of the major points that you want to make at the hearing.  Knowing what points you need to address may help you to clearly present any argument relevant to your case.  It is a good idea to speak clearly and present a professional appearance which includes being courteous to the judge, to the witnesses, and to the opposing party.

Specific rules governing hearings in the Executive Hearing Office may be found in the Transportation Section of the Arizona Administrative Code and in Title 28 and Title 41 of the, Arizona Revised Statutes.  These sources may also be found at any law library and in most public libraries.

What to expect at the hearing:

At the hearing, the Administrative Law Judge (ALJ) will identify the scope of the hearing, swear in the witnesses, and question the witnesses.  During the hearing, witnesses testify under oath (reliable hearsay is allowed), witnesses may be cross-examined, and the ALJ must consider all appropriate statutes, regulations, and case law.  The ALJ will consider the evidence and the testimony and may issue a decision at the hearing, or may take the matter under advisement and issue a decision after the hearing.  The written decision and order by the ALJ is final and binding.  If you do not agree with the decision, you may ask for a rehearing, or file an appeal with the Superior Court and potentially to the Court of Appeals.

What to expect after the hearing:

The judge will issue a Decision and Order, typically within 2 weeks after the hearing.  If the action has appellate review or rehearing review rights, they will be listed on the last page of the order.