Who Oversees a Good Cause Exception Hearing?

Application for Good Cause Exception Case

Who oversees the hearing for a good cause exception? Let’s talk about the process leading up to the hearing to summarize. So, suppose you are trying to apply for a fingerprint clearance card here in Arizona and have any criminal history, including arrest. You will likely be denied in that case and then have to apply for a good cause exception. You fill out the good cause exception form and attach all of the appropriate documents. Then it goes to the Board of Fingerprinting during the expedited review, and they will decide if your application needs to go to a hearing or if they will go ahead and grant you a good cause exception, and then you’ll get your fingerprint clearance card.

The Administrative Law Judge Oversees the Hearing

Who oversees that if they decide it needs to go to a hearing? The hearing is with an administrative law judge, held at the Board of Fingerprinting in Arizona. It’s not held at a courthouse, and it’s pretty informal. The judge, as I said, comes to the Board of Fingerprinting, and you meet with them. The judge is through the Office of Administrative Hearings, and it’s conducted under those types of regulations and procedures. So, they’re the ones who preside over the hearing. The judge themselves may ask you specific questions if they need clarification to make the ruling. Now, an administrative law judge oversees it. They also make findings of fact and conclusions of law. What does that mean? They will decide on what points they think are applicable, and they will determine if you should be granted a good cause exception or if you shouldn’t.

The Board Makes Final Decision

After that process, the hearing and the judge make their findings. They’ll then send that to the Board of Fingerprinting, who will then uphold the judge’s decision. They may amend it or reject it. Even though the judge is administering the hearing, the board does have the final say. Now, there are appealable rights to the decision of the judge or the board, but we’re just discussing the hearing itself. So, again, the administrative law judge will proceed with the hearing. They’ll make findings of fact and conclusions of law, and they will send that to the Board of fingerprinting, who then get the final say.

Good Cause Exception

What is a good cause exception hearing?  When you apply for a fingerprint clearance card and have any criminal history, including arrest, you will likely be denied on your application, and you’ll have to ask for a good cause exception. When applying for your good cause exception, there are many parts to the application.

How you can end up in front of an Arizona Fingerprint Board Hearing: 

• If you are denied your initial good cause exception or central registry exception.
• A criminal case is still pending an outcome.
• You are still completing probationary terms of your criminal conviction.

This hearing is at the Arizona Board of Fingerprinting where you must physically appear. You will need to arrive at the time and date specified in your notice of hearing. When the hearing begins, you will appear in a conference room before the administrative law judge. The administrative law judge will then swear you in and ask you questions specific to your case.

AZ State Fingerprint Board Hearing Topics Covered

• Your current or past criminal history.
• They’ll discuss why you were on the Central Registry (if applicable).
• Steps you have taken to rehabilitate or change your behavior.
• What are the probationary requirements you were asked to complete. They’ll want to know what you learned.
• Why you should be given a fingerprint clearance card
• Review of documents submitted

Hearing at the Offices of Arizona Board of Fingerprinting

Where does a hearing occur if you need a hearing for your good cause exception in Arizona? So, I’ve talked about this in another blog. If you are getting your fingerprint clearance card and have any criminal history, including arrests, your application will be denied, and you’ll have to ask for a good cause exception. You’ll fill out the application and attach all required documents and go to the Board of Fingerprinting during the expedited review. If they decide that your application needs to go to a hearing, they will schedule a hearing with an administrative law judge. You can go with your attorney or represent yourself before this administrative law judge. Where does this happen? This isn’t in a court of law. It occurs at the offices of the Arizona Board of Fingerprinting. So, you’ll go into the building, go up to the Board of Fingerprinting, and then the administrative law judge will conduct the hearing there on that premises.

Contact Chelle Law Today

If you’re interested in setting up a consultation with Chelle Law or learning more about Arizona Fingerprint Board Hearing, reach out to us today.