Q: Can ALJ's decision be appealed on the ground of his unethical behavior and/or his unconstitutional proceedings?

I had a fair-hearing before ALJ from the OAH. In a phone conversation with the respondent followed by a private meeting, the ALJ concocted a scheme of role reversal. During the entire time of the hearing, I was under attacks and accusatios by the respondent and was pressured by ALJ to answer false calims; the respondent was never placed under oath; and I had neither submit my case nor question any of six waitnesses, three of whom never appeared and the fourth was presenting the respondent. Throught it all, I was under tremondous pressure and intimidation. This plus, exploitation of my medical condition as a survivor of brain injuries, which documentary was known to him and to the respondent as well. I appealed to the OAH to get this hearing set-aside, but was told that he was not bound by CCCP, and that I failed to demonstrate/prove any finacial gains. I belive this ALJ was a dishonest man to the core. Although, he may not be bound by CCCP, but still bound by the US Constitution.

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Education Law Lawyer
  • New York, NY
  • Licensed in California

A: You might be able to appeal the case if timely and if there's a legal and factual basis. Have a lawyer review the dossier. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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