Formal Hearing before the Full Board of Law Examiners

Hearings before the full Board of Law Examiners are formal evidentiary proceedings.  Pre-hearing discovery by the Board through the Attorney General’s office is often conducted. The hearings are held during the Board’s regular quarterly meetings. All Board members are present for the hearing, absent some conflict by a member.

The Board is represented by counsel from the Special Prosecutions Section of the Attorney General’s office. Witnesses are placed under oath, examined, cross-examined and often questioned by Board members. The applicant is given an opportunity to present witnesses and other evidence. Opening statements and closing arguments are generally presented by the Board’s counsel and counsel for the applicant or the applicant. A court reporter is present to transcribe the hearing.

The Board’s decision on an application is final, although a denial may be appealed to Superior Court under a deferential review standard. If an application is denied, the Board’s rules provide that the applicant cannot reapply again for three years from the denial, although the Board occasionally shortens this time period.

If you have received a notice of hearing for a formal hearing, it is more difficult to represent yourself, although it is possible. Our firm’s lawyers defend applicant clients in formal hearings before the Board of Law Examiners. Our representation includes all aspects involved in defending a formal evidentiary hearing. We work with our clients to agree on a strategy for the hearing, assist with pre-hearing discovery, communicate with the Attorney General’s office, prepare you for the hearing, interview and prepare your witnesses, prepare to cross-examine the Board’s witnesses, and make closing arguments, among other tasks.

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