Maumelle, AR asked in Business Law, Civil Litigation and Gov & Administrative Law for Arkansas

Q: what to do when the hearing officer makes false statements in the FINDING OF FACTS.

I have all the proof that he/she stated false facts. I also have the audio recording .

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered

A: You make an appeal. You may think all facts are absolute. But often what we think are "facts" are either a combination of facts and the conclusions we draw from them--and conclusions are always subject to argument.

Even judges have been known to make errors as to what the record showed or didn't show. In some cases you can ask the court to correct it. If your tribunal allows for a request for rehearing or amendement of the record that is one way to go.

Heads up: if you recorded the session without getting permission there may be an issue there.

You need to consult an Arkansas attorney about the rules of the specific agency involved.

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