PDF copy: Minute Entry Continuance

2023A-01422-CHC-ROC · Registrar of Contractors · 2023-06-27

OAH Procedures

Timekeeping 1. For billing – Enter time in Prolaw using .1 increments and the appropriate component a. PREPARE – reviewing the matter prior to the hearing b. HEARING – Conducting hearings, prehearing conferences, arbitrations, and mediations c. DRAFTING – Writing or preparing to write orders or decisions d. REVIEWCORR – Reviewing filings that do not require responses, such as notices of appearance, final agency decisions, etc. e. CONSULTING – Proofreading drafts for other judges or talking about their cases f. OFFICE – Timekeeping, etc. (use OAH as the Matter ID) 2. For payroll – Enter time in HRIS/YES using the appropriate time code a. 100 – in office b. 110 – remote work c. 300 – annual leave d. 310 – sick leave e. 311 – family sick f. 320 – holiday pay

Leave 1. In Prolaw, search for you name as a matter ID. 2. Create a new docket entry. 3. Enter the date including the start and end time of the leave request. 4. Enter event type, (Vacation, Sicktime, Family Leave) 5. In the notes section, add the total hours requested and, if sick or family, the basis of the leave (dr. appt., kid’s dentist, etc.) 6. To withdraw leave, create an identical entry with the same start and end time as the original leave request with the event type “Withdraw Leave” a. This applies even if you still want to take part of the time off. Create the withdraw leave entry and then a new leave request with the new time. Electronic Queries To track your workflow, queries in the Events tab will track documents received and decisions due. 1. General Work flow: a. uncompleted event type begins with 'electronic' and event date after 4/1/23 and professional initials are XX 2. Decisions Due: a. uncompleted event type = 'Decision Due' and date is after 4/1/23 and professional initials are XX 3. Status hearings, including Prehearing Statements due (discussed more below): a. uncompleted event type begins with 'STATUS' and event date is after 4/1/23 and professional initials are XX

Working Remotely If you do not have any hearings or your hearings are telephonic or remote, you are able to work remotely once you complete a remote work agreement (See Jeff for more details on that.) When working remotely, send an email to ALJ and Legal Secretaries with the subject “Working Remotely”. Include in the body of the email any relevant details. On your Google Calendar, add an event for the date/time you are working remotely entitled “Working Remotely”. This is also a helpful tool when entering your payroll. AHCCCS Prehearing Statement 1. Certain claims cases have prehearing statements due two weeks prior to the hearing date. If the complainant fails to provide the prehearing statement, the hearing may be vacated. 2. When a prehearing statement from a complainant comes in, mark the filing as done and the Status (Prehearing Statement) as done. 3. Two days after the prehearing statement was due, you can start vacating the hearings in which a prehearing statement was required but not filed by the complainant. 4. Run the query above to find those matters in which the Status (Prehearing Statement) are past due and not done. 5. Check the Notice of Hearing to make sure a Prehearing Statement was required. a. If not required by the NOH, mark the Status (Prehearing Statement) event as done. No further action is needed in this case. b. If required and not received, i. Mark the Status (Prehearing Statement) as done. ii. Mark the Hearing as done. When you click off of it, you will be asked a series of questions. 1. This completed date is prior to event date. Continue? Click yes 2. Create OVAC order vacating hearing? Click yes 3. Create cm- Alert Expedited Order Pending? Click no 4. Create contact parties immediately due to short notice? Click no. 5. Create cancel interpreter? Click yes if you see anywhere previously an entry that an interpreter was contacted for the hearing. 6. Create ADOSH- Settlement Order? Click no. iii. Under the OVAC, create the document AHCCCS Vacate. Include as recipients the parties or their attorneys, check the addresses against the Notice of Hearing or addresses in any filings. iv. Fill in the date of the NOH, the hearing date, and the date the Prehearing Statement was due. Remove the final line referencing the denial of pending motions if none have been filed. v. Convert the document to a .pdf. Under the OVAC/AHCCCS Vacate, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. Google Meet Orders 1. The NOH in Registrar of Contractor cases will indicate that the hearing will convene via Google Meet. You have to issue a Google Meet order giving the parties the information necessary to connect to the hearing. 2. Create the docket event ORDER ALJ order misc or combo. 3. Create the Order - Google Meet (Current) document under the ORDER ALJ docket entry. Include as the recipients the parties or their attorneys. Convert the document to a .pdf. Under the Order, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. If the hearing is in the next few days, add ::URGENT:: in the notes section of the docket event before the first line. 4. In the Notes section of the hearing, add “GOOGLE MEET”. 5. Mark the NOH as done once the Google Meet order has been issued. 6. Generally, you do not need to issue an order if a party later requests to appear in person, but do add “and in person” to the Notes section of the hearing along with the existing GOOGLE MEET notation. Notice of Appearance 1. On the Related Contacts tab, try to add the new contact. a. If the individual appears, you can add them. i. If contact information in the system needs updated, create the docket event: CM – Need Information. In the notes section, identify the information that needs to be updated. b. If the individual does not appear, i. Create the docket event: CM – Need Information. In the notes section, add the name and contact information you want added to the case. 2. Once completed, add the language “Added to contacts /(Your initials)” and mark the Notice of Appearance as done. Motion for Continuance 1. In AHCCCS cases in which the complainant is asking that the matter be continued for a status date as the parties are seeking settlement, you do not need to wait for a response or obtain the position of the other party. a. In Prolaw, create the event STATUS Hearing (Status Only). Change the default date (today’s date), to a date in the timeframe indicated in the request (usually 30, 45, 60, or 90 days). Create the Minute Entry Continuance document under the STATUS Hearing entry. Include as the recipients the parties or their attorneys. Convert the document to a .pdf. Under the Minute Entry, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. b. You will get a five day reminder and a reminder on the day of the STATUS Hearing. c. If you receive notice from complainant that the matter has been resolved, create an event OVAC. You will be asked a series of questions. i. Create cm- Alert Expedited Order Pending? Click no. ii. Create contact parties immediately due to short notice? Click no. iii. Create cancel interpreter? Click no. iv. Create ADOSH- Settlement Order? Click no. d. If you received notice that additional time is needed to resolve the matter (usually 30, 45, 60, or 90 days), repeat the steps in (1)(a) above. e. If you receive notice that the parties were unable to resolve the matter and request that a hearing be set, create the Docket Event: CM - Request for hearing date and include in the notes CONTIN (if requested by non-agency party) or CONTAG (if requested by the agency party) and then the requested timeline of the continuance and any other specific requests, i.e. CONTIN at least 30 days to an afternoon hearing. i. Once you get the notification that the new hearing has been set, create the Minute Entry Continuance document under the CONTIN or CONTAG hearing entry. Convert the document to a .pdf. Under the Minute Entry, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. 2. In all other case, check to see if the Motion was copied to the opposing party and not just sent to OAH; a. If the Motion was not copied to the opposing party; i. If we have an email address for the opposing party (check the Related Contacts tab to see if we do), enter the Docket Event: CM – Party Contact, request. In the notes of the docket event, enter the opposing party’s email address and include the specific document to be forwarded. ii. If we do not have an email address for the opposing party, create the Docket Event: Minute Entry. Under that docket event, create the Minute Entry - Response Due. Include in the Minute Entry that the Motion was received and the opposing party has until a date specific to respond to the Motion. Convert the document to a .pdf. Under the Minute Entry, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. b. If the Motion was copied to the opposing party; i. If the Motion asserts that the moving party contacted opposing party and they have no objection, you may grant the Motion. ii. If the Motion does not assert the opposing party has no objection or asserts that the opposing party has an objection, wait up to two weeks for a response from the opposing party (depending on the timing of the hearing). You can also set a specific deadline if you issue the Minute Entry – Response Due as described above. 3. If you are going to grant the Motion; a. Create the Docket Event: CM - Request for hearing date and include in the notes CONTIN (if requested by non-agency party) or CONTAG (if requested by the agency party) and then the requested timeline of the continuance and any other specific requests, e.g. CONTIN at least 30 days to an afternoon hearing. b. Once you get the notification that the new hearing has been set, i. Create the Docket Event: OGC Order granting continuance. You will be asked a lot of questions, 1. Create cm-Alert Expedited Order Pending? (Click NO) 2. Create contact parties immediately due to short notice? (Click NO) 3. Create INTERPRETER REQUESTED for each hearing setting? (Click YES if you need an interpreter for the reset hearing. Include in the note section of the CM the type of interpreter you need.) 4. Create Remember: Use the ME under CONTIN or CONTAG to create your order. Do not use the document templates under OGC? (Click NO) ii. Create the Minute Entry Continuance document under the CONTIN or CONTAG hearing entry. Include as the recipients the parties or their attorneys. Convert the document to a .pdf. Under the Minute Entry, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. If the hearing is in the next few days, add ::URGENT:: in the notes section of the docket event before the first line. 1. Every Minute Entry Continuance should include a statement as to whether the hearing will be in person, telephonic, or via Google Meet. Add an entry to the notes section of the CONTIN or CONTAG docket event indicating which of those types it will be. c. Mark the Motion to Continue as done. 4. If you are not going to grant the Motion, a. Create the Docket Event: ODC Order denying continuance. You will be asked two questions, 1. Create cm-Alert Expedited Order Pending? (Click no) 2. Create contact parties immediately due to short notice? (Click no.) b. Create the ORDER document under the ODC Order denying continuance. Include as the recipients the parties or their attorneys. c. Convert the document to a .pdf. Under the ODD/Order, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. If the hearing is in the next few days, add ::URGENT:: in the notes section of the docket event before the first line. d. Mark the Motion to Continue as done. Motion to Vacate before the Hearing 1. If the Motion is from the Complainant, you can vacate the hearing. 2. If the Motion is from the Respondent, see if the Motion was copied to the Complainant. a. If the Motion was not copied to the opposing party. i. If we have an email address for the opposing party (check the Related Contacts tab to see if we do), enter the Docket Event: CM – Party Contact, request. In the notes of the docket event, enter the opposing party’s email address and include the specific document to be forwarded. ii. If we do not have an email address for the opposing party, create the Docket Event: Minute Entry. Under that docket event, create the Minute Entry - Response Due. Include in the Minute Entry that the Motion was received and the opposing party has until a date specific to respond to the Motion. Convert the document to a .pdf. Under the Minute Entry, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. Also include in the notes section the details of the MTC that should be sent to the parties. 3. If you are going to vacate the hearing: a. Mark the hearing off as done. When you click off of it, you will be asked a series of questions. i. This completed date is prior to event date. Continue? Click yes ii. Create OVAC order vacating hearing? Click yes iii. Create cm- Alert Expedited Order Pending? Click no iv. Create contact parties immediately due to short notice? Click yes if the hearing is within three days and you do not have email addresses for the parties. Include in the CM the contact information for the parties and the message you want provided to the parties. v. Create cancel interpreter? Click yes if you see anywhere previously an entry that an interpreter was contacted for the hearing. vi. Create ADOSH- Settlement Order? Click no. b. Under the OVAC, create the document Vacate. Include as recipients the parties or their attorneys, check the addresses against the Notice of Hearing or addresses in any filings. c. I use the attached language in my orders to vacate hearing. d. Convert the document to a .pdf. Under the OVAC/Vacate, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. If the hearing is in the next few days, add ::URGENT:: in the notes section of the docket event before the first line. e. Mark the Motion to Vacate as done. 4. If you are not going to vacate the hearing: a. Create the event ODD (Dispositive Motion Denied) b. Create the ORDER. Include as the recipients the parties or their attorneys. c. Include in the order the reason the Motion to Vacate is not being granted, e.g. the Motion to Vacate is from Respondent and there is no indication Complainant is satisfied and/or wishes to withdraw the complaint, etc. d. Convert the document to a .pdf. Under the ODD, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. If the hearing is in the next few days, add ::URGENT:: in the notes section of the docket event before the first line. e. Mark the Motion to Vacate as done. At the Time of the Hearing: 1. The parties reach a settlement in principle before the hearing: f. If the parties agree that a settlement has been reached you may set a status date by which the parties will advise you in writing if the settlement was completed. Make sure the status date is agreeable to both parties. The type of settlement may affect the timeline of your status date. i. If Respondent is going to pay Complainant to settle the complaint, then determine a date by which Complainant can receive payment and ensure the payment clears (e.g. next Friday). ii. If Respondent is going to perform corrective work, then determine a date by which the work can be completed and sufficient time for the Registrar to reinspect if necessary (e.g. one or two months if necessary). g. In Prolaw, create the event STATUS Hearing (Status Only). Change the default date (today’s date), to the deadline the parties agreed to at the time of the hearing. Create the Minute Entry Continuance document under the STATUS Hearing entry. Include as the recipients the parties or their attorneys. Convert the document to a .pdf. Under the Minute Entry, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. h. You will get a five day reminder and a reminder on the day of the STATUS Hearing. i. If you receive confirmation that the settlement is complete and Complainant is satisfied, create an event OVAC. You will be asked a series of questions. i. Create cm- Alert Expedited Order Pending? Click no. ii. Create contact parties immediately due to short notice? Click no. iii. Create cancel interpreter? Click no. iv. Create ADOSH- Settlement Order? Click no. j. If you receive word that the settlement fell through, create the Docket Event: CM - Request for hearing date and include in the notes CONTIN (if requested by non-agency party) or CONTAG (if requested by the agency party) and then the requested timeline of the continuance and any other specific requests, i.e. CONTIN at least 30 days to an afternoon hearing. i. Once you get the notification that the new hearing has been set, create the Minute Entry Continuance document under the CONTIN or CONTAG hearing entry. Convert the document to a .pdf. Under the Minute Entry, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. 2. If the parties reach a full settlement before the hearing a. In Prolaw, create the Docket Event: CONCLU Conclusion of HRG. b. Under the CONCLU, create the document Vacate. Include as the recipients the parties or their attorneys. Convert the document to a .pdf. Under the Vacate, create the Docket Event: Staff Transmitted Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. c. I use the attached language in my orders to vacate hearing 3. If the party with the burden of proof does not appear at the hearing a. Wait at least 15 minutes to allow for a late arrival/some communication from the party. b. You do not need to hold the hearing. c. Create the Docket Event: CONCLU Conclusion of HRG. d. Wait a day or two to ensure the party does not present a request for continuance based on some emergency. e. Begin drafting the decision in the document: draftALJDEC. f. Proceed to After the Hearing below. 4. If the party that does not have the burden of proof does not appear at the hearing a. Wait at least 15 minutes to allow for a late arrival/some communication from the party. b. Hold the hearing as usual. c. Create the Docket Event: CONCLU Conclusion of HRG. d. Begin drafting the decision in the document: draftALJDEC. I use the attached language in my decisions when Respondent does not appear. e. Proceed to After the Hearing below. 5. Appellant no shows for APS and DCS cases are special. a. APS and DCS have statutes that provide that if Appellant fails to appear at the hearing noticed on their behalf, the matter is vacated even though the department bears the burden of proof. b. Go on the record and have the AAG make a motion to vacate the matter. Take the motion under advisement. c. Create the Docket Event: CONCLU Conclusion of HRG. d. Wait a day or two to ensure the party does not present a request for continuance based on some emergency. e. Create the document Vacate under the CONCLU and process as set forth supra. After the Hearing: 1. Create the Docket Event: CONCLU Conclusion of HRG or CONCLU/HELD OPEN UNTIL THIS DATE. a. If CONCLU/HELD OPEN, create the document change the date of the docket entry to the date you are holding the matter open until. Create the document Order Holding Record Open and explain the reason for holding the matter open and indicate it is the sole reason it be being held open. After that, everything is the same as a CONCLU. 2. Begin drafting the decision in the document: draftALJDEC. 3. Finalize the decision and have someone review it if necessary. 4. Create the ALJDEC applicable to the matter. Include as the recipients the parties or their attorneys, except for POST and most AHCCCS cases. a. HOA – ALJDEC decisions for HOA cases b. ALJ – Licensing for matters involving licensing issues, but not those involving a summary suspension c. ALJDEC decisions subject to certification as final for everything else 5. Copy and paste the contents of the draftALJDEC into the document. 6. Convert the document to a .pdf. Under the CONCLU, create the Docket Event: Decisions and Final Orders. Include the email addresses if available, or if not, physical addresses, for the parties in the Notes section of the docket event. AHCCCS and POST cases are not sent to the parties. 7. Create the ALJ Position Docket Event that matches your recommended decision: a. ALJAFF – finding fully in favor of the agency. b. ALJCON – finding fully in favor of non-agency party. c. ALJCONP – finding partially in favor of the agency and partially in favor of the non-agency party. d. ALJMISC – used generally for cases in which there is no agency party, e.g. HOA, Special Education cases, and POST. Audit Corrections: Audit corrections are not a big deal; they are a tool we use to ensure things don’t fall through the cracks. Common audit corrections request rulings on MTC or MTV, the lack of CONCLU, an update needed when the status date has passed without any changes, and the failure to send out a MEC when a new hearing date has been set. If you get an audit correction in your email, you should address the issue within one business day if possible. Once completed, mark the audit correction as done.

Evaluation of Agency Response: Certain agency responses require an evaluation from the judge so you can review what the agency did and change you decisions going forward if necessary (a typo in your autotext for example). In Matters, run the following query: [having(event type='agency action entered' and event date after 4/1/2023 and professional initials are "XX" )] and not [having (event type='Evaluation of Agency Response')] Any matters that return as a result require an evaluation by the ALJ. Under the docket event with the Agency’s decision, create the docket event: Evaluation of Agency Response. Follow the directions in the notes section. Delete those options that are not applicable and leave only the one that occurred here. o ALJ Error: You messed something up. o Agency Discretion: The agency saw things differently than you did. o Non-Substantive: The agency corrected a typo or the like. General Items: If you have a hearing/go on the record, even just to hear about the settlement, you should have a CONCLU. If the matter is settled prior to hearing, you will not have a CONCLU, you will have an OVAC. In some circumstances will you have a CONCLU/HELD OPEN UNTIL THIS DATE, i.e. you left the record open after a hearing to receive additional evidence, transcripts, or written closing arguments. However, this is not the norm.

Other General Items: Autotext and templates are your friend. Borrowing from previous decisions is encouraged. Check your formatting. Some people full justify, and others do not. When copying from others, things can become inconsistent. Check your numbering. When copying from others, the paragraph numbering can get messed up. Check your tense. Some people write in present tense, and others write in past tense. When copying from others, things can become inconsistent. Check your citations. Some people use SMALL CAPS (ARIZ. REV. STAT.), and others use simplified citations (A.R.S.). When copying from others, things can become inconsistent. Do a Find/Replace for quote marks. Often, copied text has straight quotes while typed text has smart quotes. Find/Replace will make them all smart. Do a general Select All and set your font to Arial 12 (10 in footnotes) and font color to black (not automatic) as text copied from some documents and websites (especially the Google Meet link, statutes, and regulations) are actually a shade of gray and the difference is hard to see on the screen but are obvious when printed.

If you have any other questions, please feel free to contact me.