Decisions without Hearing Testimony is a Denial of Due Process.

Feb. 2020

Oja v. M.A.D. Enterprises, decided September 19, 2019.

Facts: A hearing was held before an ALJ. That ALJ left the Department before issuing a decision. A second ALJ issued a decision, but had not participated in the hearing. Respondents alleged the decision was a denial of due process because the ALJ who issued the decision did see or hear any testimony.

Decision: If a hearing is conducted, but the ALJ leaves before issuing a decision, a new hearing must be conducted to afford the deciding ALJ the opportunity to develop an impression as to the credibility of the testimony.