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Procedure for Intentional Program Violation (IPV) Hearings

  1. Most IPV hearings at the OAC are conducted by video, using Google Meet or telephone by calling into the Google Meet meeting. If you are scheduled for a video hearing, please review our guide to using Google Meet and the OAC code of Conduct for Virtual Hearings. You should make sure your camera and microphone are set up and working properly before the hearing.
  2. If you would prefer an in-person hearing, you must ask for one. You can request this email, telephone, fax, U.S. Mail, or e-filing.
  3. Both sides will be allowed to present an opening statement if they choose to do so. An opening statement is a brief outline of what you plan to prove at the hearing.
  4. The Agency's witnesses will testify first. You (or your attorney) may ask them questions. This is called cross-examination.
  5. Documents and other materials may be offered as evidence at the hearing. These are called "exhibits." You have the right to object to the Agency's exhibits, and the Agency also has the right to object to any exhibits you offer. If either party objects to exhibits, the judge will decide whether they will be allowed.
  6. You have the right to refuse to answer questions during the hearing. The Agency cannot force you to testify unless you choose to give up your right to remain silent.
  7. After the Agency has presented all their witnesses, it is your turn to present evidence. You may testify to tell the judge what you believe they need to know about your case. You may also choose to remain silent. You may bring your own witnesses. The Agency's representative will then be allowed to ask your witnesses questions.
  8. After all the witnesses have finished testifying, both sides will have an opportunity to make a closing statement. A closing statement is not evidence, but it is an opportunity for both sides to state reasons why the judge should rule in their favor. You are not required to make a closing statement.
  9. The judge will not announce a decision at the hearing. Instead, the judge will issue written decision as soon as possible, and the Office of Appeals will mail it to you.
  10. The judge's ruling is called an "initial Decision." If you disagree with the outcome, the Office of Appeals will provide an explanation on how to appeal the decision.

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