The ALJ at my hearing denied my witness to give any testimony at my hearing. He didn't even allow her entry
My employer was able to bring an HR consultant into the hearing but the judge wouldn't even allow my witness to come in and give testimony. Is this common and is it my right to have a witness ? The employer did not object to her being there but the judge said she didn't have any info that he needed.is this common ? Legal?
Nathan’s Answer
Under Government Code Section 11511.5(b)(4), 11513(f), the ALJ has discretion to limit the number of witnesses. If the ALJ does not hear additional witnesses that COULD be a denial of due process IF the party can establish they were prejudiced by the denial. The administrative record should have a showing by counsel (or you if self-represented) as to why prejudice exists, if you wish to appeal the decision because again, the ALJ has discretion, and may disagree that prejudice exists by refraining to invite a witness of yours to the stand.
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