Full and Fair Hearing Requirement Law and Legal Definition
The full and fair hearing requirement is a corollary of due process and stipulates that the record must be adequate for findings on all required elements. The lawyers are entrusted with the duty of insuring a complete record and in the absence of lawyers the duty may fall on the Administrative Law Judge. To meet the full and fair hearing requirement, the Administrative Law Judge may be required to ask questions or suggest lines of question¬ing and may have to impose the requirement as to what type of evidence is needed and where it might be found. In such a situation, the Administrative Law Judge may have to take an active role in safeguarding the interests of the unrepresented parties if they cannot initially meet the full record of decision making requirement. After that the Administrative Law Judge must revert to a neutral stance to make the initial decision.
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