Hearings provide the parties with a fair and reasonable opportunity to explain and supplement the record and, in appropriate instances, to examine and cross-examine witnesses. During the hearing process, the parties are entitled to engage in discovery, i.e., a reasonable development of evidence on issues relevant to the complaint, although the AJ may limit the quantity and timing of discovery. The AJ has full responsibility for the adjudication of the complaint, including the final selection of the witnesses and the determination of the hearing site.

Generally, an AJ will conduct a full hearing on the merits of a complaint. However, an AJ may dismiss a complaint for failing to meet the same procedural and jurisdictional requirements for which the agency is authorized to dismiss complaints, or issue a final decision on the merits without a hearing if the AJ determines that the complaint presents no material facts in genuine dispute.

The DHS must take final action on the complaint by issuing a final order within forty (40) days of receipt of the hearing file and AJ’s decision. The final order informs the complainant as to whether the DHS will fully implement the decision. The final order also informs the complainant of the right to file an appeal with the EEOC, the right to file a civil action in federal district court, the name of the proper defendant in such appeal or civil action, and the applicable time limits for such appeals or civil action. If the DHS’s final order does not fully implement the AJ’s decision, the DHS simultaneously files an appeal with the EEOC. If the DHS does not issue a final order within forty (40) days of receipt of the AJ’s decision, then the decision becomes the final action of the DHS.