OAH staff must manage documents efficiently and effectively, using the following procedures:

Intake

Documents are filed in the office in different ways. Agencies, respondents, and appellants can either submit their filing by mail, by fax, or by personal service.

The clerk’s office reviews all documents for sufficiency and clock-stamps all documents that meet the standard for taking ownership of the filing. If documents filed in the office are insufficient, the clerk’s office returns the documents with a notice to inform the party that they must re-file after all requirements for submission are in total compliance with the policies and rules of the office. Any documents received after 5:00 pm will be clock-stamped the next business day.

Database Entry/File Creation

After the clerk’s office accepts a filing of a new case, the Legal Assistant (LA) must perform the initial entry of the case in the case management system.  When an LA enters a submission into the case management system, the LA also must create a paper file for the case. Any filing from outside OAH is entered into the case management system and the document is matched to a file and forwarded to the presiding Administrative Law Judge (ALJ) for further disposition.

Case Management Orders

Once a case is opened and the clerk’s office reviews and accepts an initial document filed by a respondent/appellant, the LA drafts a case management order (CMO) for the ALJ’s review and signature.  In absence of a CMO, some jurisdictions issue scheduling orders.  These orders are similar to the CMOs and are drafted by the LA. Both documents inform the respondent/appellant of the time, date and location of the hearing, and any instructions from the ALJ.

Servicing

The LAs are responsible for ensuring that all documents (i.e. notices and orders) have a signed certificate of service attached certifying that the documents were served on the parties on a date certain, as well as the manner in which they were served (first class mail, certified mail, fax, etc.). All documents (originals) must be clock-stamped; the correct number of copies is made (number of persons listed on the certificate of service), and the original copy is filed in the case jacket.  

Motions

All motions and pleadings should be clock-stamped immediately, or if received after 5:00 pm as soon as possible the next business day, researched to determine the ALJ presiding over the matter, and forwarded the same day to the ALJ for action. 

Exhibits

All exhibits should be prepared for the hearing in advance. The exhibits along with corresponding case file should be given to the ALJ the Friday before the scheduled hearing. If the Judge has not received the file the Monday before the hearing an email to the clerk and their supervisor must be sent before the close of business outlining all files and documents needed for hearing. If the clerk is unable to locate a file that has a scheduled hearing a temporary duplicate file can be created using the ProLaw print screens. Submitting the case file along with the exhibits within a timely manner not only helps hearing operation run efficiently but also helps the judge to prepare for a Hearing.

Clerking Hearings

In complex cases that require the movement of several documents and witnesses, an LA usually is required to be present to help maintain order and timeliness of the hearing. Matters that are not complex can be called by a clerk or the presiding judge; however, it is the duty of the LA to make sure the judge knows if parties have arrived and what hearing room is assigned for the case. The following procedures below are detailed instructions for clerk (legal assistant) duties for a hearing:

Clerk duties at the Beginning of Hearing

1. Prepare hearing room and seat parties. 
2. Request that all parties turn off electronic devices, including cell phones, pagers, and any devices that make noise.
3. Call judge by phone and announce “All parties are ready to proceed.”
4. Turn on recording equipment after judge enters hearing room. 
5. As judge enters, state “All parties please come to order and remain seated.”
6. State complete date and time for the record.
7. Call the case(s): “Matter of [PETITIONER/APPELLANT] versus [RESPONDENTS] and “Case Number(s)” (e.g., DH-I-00-10001).
8. Announce judge:  “The Honorable [JUDGE’S NAME] presiding."

(Only for Board Hearings) During the Hearing

1. Pass papers and documents between parties and judge.
2. Mark documents for identification and possible admission into evidence.
3. If requested by the judge, make copies of exhibits and other documents during the course of hearing.

Hearings Not Clerked by LAs

LAs should always be responsive to requests by judges to copy exhibits during the course of a hearing.  Relevant telephone numbers for LAs should be available in each hearing room.