Who may obtain documents or opinions from a government agency for a hearing, and when does that agency not have to comply?
General information · Not legal advice
Material to check
In a practice file, the papers to read are any request the hearing presiding officer sent to the related administrative agency for document submission or a statement of opinion, the agency's reply or its silence, and papers showing whether responding would cause a special hindrance to that agency's duties.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as giving this power to the hearing presiding officer, and only where the officer finds it necessary: the officer may require the related administrative agency to submit necessary documents or state an opinion, and that agency must comply unless responding would cause a special hindrance to performing its duties.
Another reading focuses on the qualification written into the agency's duty, which applies only where there is no special hindrance in the performance of duties. The provision sets that as a condition of compliance, but does not say who decides whether such a hindrance exists, on what record that is shown, or whether a party may ask for the requirement.
Your judgment
If the agency claims a special hindrance, how could the hearing record show whether that hindrance is real and specific?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to let parties require agencies to submit documents or state opinions, or if a decision explains how the existence of a special hindrance to an agency's duties is to be established.