When a person files a formal complaint and does not request an informal small claims procedure, or the other party does not agree to the procedure, the Complaint is assigned to an Administrative Law Judge (ALJ).

Do I need an attorney if my case is assigned to an ALJ?

No, this can be done with or without an attorney.

What are the ALJ authorized to do?

The ALJ is authorized under the Commission’s rules to conduct conferences and hearings so that the Commission can decide the matter in the most speedy and inexpensive way possible, depending upon the nature of the dispute, its complexity, the number of parties involved, etc.

How do the ALJ assist parties in settling disputes?

The ALJ may:
- Refer the dispute to a Commission Mediator
- Issue an initial decision promptly
- Establish a procedure to gather necessary evidence
- Allow parties to review each others’ evidence
- Proceed to a hearing

What is a hearing?

A hearing resembles a courtroom trial in which witnesses will testify under oath and be cross-examined. However, such a hearing is a last resort when efforts to settle the dispute with the help of the Commission’s mediators have not succeeded or the ALJ cannot issue an early decision because the facts are disputed and a more fully developed evidentiary record is required.

Can I appeal the ALJ’s initial decision?

Yes, either side can appeal the ALJ’s “initial decision” to the full Commission, which cannot be done under the “small claims” procedure.