Hearing Preparations: How To Approach The California Fish And Game Commission

In this article, you can discover…

• What to expect at your hearing with the Fish and Game Commission.
• The documents that you will need to provide.
• How the presence of an attorney can greatly help your case.

What Expectations Should I Have For My Hearing With The Fish And Game Commission?

In California, an administrative law judge who is employed by the Office of Administrative Hearings will generally be appointed by the Fish and Game Commission to preside over a hearing. Since the COVID pandemic, all hearings are being conducted remotely, and there is essentially no courtroom for these types of hearings. Your hearing date will be decided by all involved parties, who will all attend the hearing remotely.

Prior to your hearing, there may be a settlement conference to determine the full scope of the hearing which also has the potential of leading to a settlement. Once your hearing begins, the government will present its case along with the accounts of any related witnesses. Afterward, you will have the opportunity to present your case by way of affirmative evidence and/or mitigation.

After the cases of both parties have concluded, the aforementioned judges will allow both sides to present closing arguments. After the hearing, the administrative judge will take the case under submission and will generally reach a decision in sixty days. This decision will then be presented to the Fish and Game Commission for further review before they arrive at an ultimate decision.

What Documents Will I Need To Provide?

Prior to the administrative hearing, both you and the government will conduct discovery in order to identify and request any evidence that may be used in the hearing. As an attorney, I generally submit a discovery request to the government within 30 days of submitting the notice of defense, allowing me to know exactly what evidence the government plan to present at the hearing.

Likewise, the Department of Fish and Wildlife will request discovery from Respondent in order to determine what we intend to use as evidence at the hearing. This discovery and document disclosure will occur well before the hearing to ensure that both sides are aware neither party is subject to any surprises.

Are Witness Testimonies Allowed In California?

As the respondent in the administrative hearing, you can and should bring witnesses to testify on your behalf at the hearing. I will often bring in a percipient witness or someone who was present for the incident to testify that the conduct may not have occurred as the government alleged.

It can also be helpful to provide a character witness to determine whether the alleged conduct aligns with your character. Likewise, if a character witness can testify that you are rehabilitated, this can work in your favor as the administrative law judge renders their decision. 

Attorney Michael Linscheid is a seasoned lawyer based in San Francisco, CA who has helped countless clients just like you navigate the intricacies of fish and wildlife law. With 17 years of experience as a licensed attorney, he is fully qualified to help you prepare for your hearing with the California Fish And Game Commission so that you can continue running your business with peace of mind.

Still have questions? Ready to get started? Contact The Law Offices of E. Michael Linscheid today to schedule an initial consultation.

Is It Necessary To Have An Attorney For A Hearing With The Fish And Game Commission?

While you are not required to have legal representation for your hearing with the Fish and Game Commission, you would be well-advised to retain an attorney for your case. Especially in the event that you are protecting your livelihood, working with an attorney will help you to properly navigate the process of gathering evidence, requesting discovery, and providing your defense during your hearing.

An attorney who is experienced in working with the commission can also help to limit any restrictions or penalties associated with your fishing and hunting privileges.

How Can I Present Evidence In My Case In California?

Since all hearings are remote, the Office of Administrative Hearings uses a case lines portal to conduct hearings with the Fish and Game Commission. This means that both the government and yourself as the respondent must label and upload your evidence prior to the hearing. It is important to ensure your evidence is uploaded before the hearing, as failure to do so could lead to exclusion from consideration.

What Are Some Of The Questions I Can Expect In My Hearing?

During your hearing, the government will be represented by attorneys working with the Department of Fish and Wildlife, and the administrative law judge overseeing the case will be appointed by the Fish and Game Commission.

In the event that you are called as a witness to testify in your own hearing, you may be cross-examined by the government on anything you say.

What Should I Know About The Commission’s Process Prior To My Hearing?

Typically, the administrative law judge will render a decision within sixty days of the hearing.

This means that the judge will decide whether or not the government has successfully proven their allegations by a preponderance of evidence.

If the provided evidence proves that conduct associated with the allegations did, in fact, occur, the administrative law judge will rule against you. However, you may be able to mitigate any restrictions to your fishing and hunting privileges by proving that you have made concerted efforts to reform your conduct.

Once the administrative law judge has reached a decision, the commission will decide whether or not they will to accept or reject this decision. After a final decision has been made, the commission will notify you of the results, making you aware of any and all restrictions placed on your hunting or fishing permits and licenses.

Still Have Questions? Ready To Get Started?

If you need more information on How To Prepare For A California Fish And Game Commission Hearing, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.